A judgment or decree in a divorce case may be modified for sufficient cause. This form is a sample of a motion of the petitioner in a divorce action seeking to modify a divorce decree and have her name changed back to her married name from her maiden name. This form is a generic motion and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Oregon Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Introduction: In the state of Oregon, individuals who have previously obtained a divorce and wish to revert to their former married name can do so by filing a Motion to Modify or Amend Divorce Decree. This legal process allows for a change of name back to the former married name, providing individuals with the opportunity to restore their identity and move forward in life. In Oregon, there are different types of Motions to Modify or Amend Divorce Decree to Change Name Back to Married Name based on specific circumstances. Let's delve into the details. 1. Standard Oregon Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: This type of motion is utilized when an individual desires to revert to their former married name after their divorce decree has been finalized. By filing this motion, the court can amend the divorce decree to reflect the name change, resulting in the restoration of the individual's pre-marriage identity. 2. Oregon Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name for Minors: In cases involving minor children, a separate motion may be necessary to change their names back to their original pre-divorce name. This type of motion ensures that the courts formally recognize and approve the name change for minors, allowing them to reassure their previous name along with their parent(s). 3. Oregon Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name with Asset Adjustment: In certain situations, individuals may choose to pursue a name change through a motion to modify or amend the divorce decree along with asset adjustment. This type of motion is applicable when the name change is associated with specific changes to property division, spousal support, or other financial matters. It allows for a comprehensive modification of the divorce decree while addressing the desired name change simultaneously. Procedure for Filing an Oregon Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: 1. Research: Prior to filing the motion, thoroughly research Oregon legal requirements and procedures regarding name change. Familiarize yourself with the specific requirements for the type of motion that applies to your situation. 2. Drafting the Motion: Prepare a concise, detailed and accurate legal document stating your reasons for seeking the name change. Ensure that important details such as the original divorce decree, case number, and desired name change are included. It is recommended to consult an attorney or use an online legal service to assist in drafting this motion. 3. Filing the Motion: File the completed motion, along with any necessary supporting documents, at the appropriate Oregon court. Ensure that you adhere to any specific filing guidelines outlined by the court. 4. Notifying the Ex-Spouse: Depending on the circumstances, it may be necessary to serve a copy of the motion to the ex-spouse. Ensure that proper notification procedures are followed, as required by Oregon law. 5. Court Hearing and Decision: Upon successful filing, the court will schedule a hearing to review the motion. Both parties may need to attend the hearing to present their positions. After considering all factors, the court will make a decision either approving or denying the name change request. Conclusion: Filing an Oregon Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal process designed to restore an individual's previous married name after a divorce. By closely following the relevant guidelines and regulations, individuals can successfully navigate through the procedure and regain their former identity. It is important to seek professional advice or utilize online legal services to ensure all necessary steps are taken correctly.
