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: South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Keywords: South Dakota, motion to modify, amend divorce decree, change name, married name. Introduction: A South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal document used to request a change in a person's name after a divorce. In the state of South Dakota, individuals have the option to revert to their previous married name. This detailed description will provide an overview of the process and explain different types of motions that can be filed for name change purposes. 1. Standard South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: The standard motion involves filing a petition with the family court to request a name change back to the individual's previous married name. This motion does not require substantial evidence or special circumstances beyond the desire to revert to the former name. 2. South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Due to Remarriage: If an individual has remarried and wishes to change their name back to the previous married name associated with their prior marriage, a separate motion can be filed. This motion requires documentation of the subsequent marriage to demonstrate the need for the name change. 3. South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to Maiden Name: In cases where individuals want to revert to their maiden name after a divorce, a motion specifically requesting a change to the maiden name can be filed. This type of motion typically requires presenting legal identification showing the previous maiden name for verification. 4. South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to a Different Name: In some instances, individuals may not wish to change their name back to their previous married name or maiden name, but instead, desire a different name altogether. To pursue this, another motion can be filed, specifying the desired name change and providing a valid reason for the request. Procedure for Filing a South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: 1. Research and gather all required documentation, including a copy of the divorce decree. 2. Download the appropriate motion form from the official South Dakota court website or obtain it from the local family court clerk's office. 3. Fill out the form accurately, providing personal details, reasons for the name change, and any supporting evidence required. Attach the necessary supporting documents, such as a marriage certificate or identification documents. 4. Make copies of the completed motion form and all supporting documents. 5. File the original motion form and copies with the family court clerk's office in the county where the divorce decree was issued. Pay the required filing fees. 6. Serve a copy of the filed motion on the ex-spouse by regular mail or using an authorized method of service outlined by South Dakota law. Keep proof of service. 7. Attend a scheduled court hearing if required. Present your case and provide any additional supporting documents or evidence as requested. 8. Await the court's decision. If the motion is approved, the court will issue an amended decree granting the name change. Conclusion: The South Dakota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name allows individuals to legally revert to their previous married name or maiden name following a divorce. Whether for personal preference or due to subsequent marriage, filing the appropriate motion with the family court is essential to initiate the name change process. Ensure you follow South Dakota's specific requirements and procedures to increase the chances of a successful motion to modify the divorce decree.
