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: Pennsylvania Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: A Comprehensive Guide Introduction: In Pennsylvania, individuals who wish to change their name back to their former married name following a divorce can file a motion known as the "Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name." This legal process allows individuals to revert to their pre-marriage name by making an official request to modify the divorce decree. Types of Pennsylvania Motions to Modify or Amend Divorce Decree: 1. Standard Name Change Motion: This is the most common type of motion filed by individuals seeking to change their name back to their former married name after divorce. It applies when there are no exceptional circumstances or disputes involved. 2. Motion with Additional Circumstances: In certain cases, individuals may have additional circumstances that warrant a more detailed motion. These circumstances could include concerns about identity protection, professional considerations, or any other compelling reason that provides grounds for a more specific motion. Procedure for Filing a Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: 1. Understand the Eligibility Criteria: To be eligible for a name change, the individual must have included a provision for name change in the original divorce decree or have the option to request it during the divorce proceedings. 2. Consult with an Attorney: It is recommended to seek legal advice from an experienced family law attorney who specializes in name change procedures in Pennsylvania. They can guide you through the process, ensuring all requirements are met and filing the appropriate documents. 3. Prepare the Motion: The motion should contain all necessary information related to the divorce, including case number, date of the divorce decree, and specific details stating the desire to change back to the former married name. 4. Include Supporting Documentation: Supporting documents may include a certified copy of the divorce decree, identification proof, and any other relevant information that substantiates the requested name change. 5. File the Motion: Once the motion is prepared and supporting documents are gathered, file the completed motion and related documents with the same court that handled the divorce proceedings. Filing fees may apply; check with the court regarding any specific requirements. 6. Serve Notice and Obtain Consent: Depending on the circumstances and jurisdiction, it may be necessary to serve notice to the other party involved in the divorce. If both parties agree to the name change, their consent should be obtained in writing. 7. Attend the Hearing (if required): If the court finds the motion in order and requires a hearing, attend the scheduled hearing and present your case for the name change. The court will assess the merits of the motion and relevant circumstances before rendering a decision. Conclusion: The Pennsylvania Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name enables individuals to reclaim their former married name after divorce. By following the proper legal procedures and meeting the eligibility criteria, individuals can successfully navigate the process of obtaining a name change. Seeking assistance from a knowledgeable attorney can streamline the process and ensure all requirements are fulfilled, making the transition smooth and legally valid.
