A judgment or decree in a divorce case may be modified for sufficient cause. This form is a sample of an order granting a motion of the petitioner in a divorce action seeking to modify a divorce decree and have her name change back to her married name from her maiden name. This form is generic and for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Understanding South Dakota Order Modifying or Amending Divorce Decree to Change Name Back to Married Name Introduction: Divorce procedures can involve numerous legal aspects, including changes to one's name. In South Dakota, individuals seeking to revert to their former married name after a divorce can file an Order Modifying or Amending Divorce Decree. This article aims to provide a comprehensive understanding of the process and its different types within South Dakota. 1. The Basics of Modifying or Amending Divorce Decree: When an individual desires to change their name back to their previous married name following a divorce, they must obtain a court order to do so. Solely utilizing a divorce decree may lack the effect needed to legally establish the name change. Therefore, it becomes necessary to file an Order Modifying or Amending Divorce Decree specifically for this purpose. 2. Petitioning for Name Change: To initiate the process, the individual must file a petition with the South Dakota court that handled their divorce. This petition should clearly state the desire to change one's name back to the former married name. Including relevant personal information, such as their current legal name, address, and contact details, is crucial for the court's consideration. 3. Required Documentation: When submitting the petition, certain key documents must be attached. These typically include a certified copy of the divorce decree, highlighting the name change provision, as well as the individual's birth certificate or other documents that validate their identity. 4. Court Review and Approval: Once the petition is filed, the court will review it to ensure compliance with South Dakota state laws. The court may also consider factors like criminal history, outstanding debts, or any pending legal actions. If everything is in order, the court will generally approve the Order Modifying or Amending Divorce Decree, granting the individual the right to revert to their former married name. 5. Types of South Dakota Orders Modifying or Amending Divorce Decree: a. Administrative Order: In certain cases, if both parties involved in the divorce agree to the name change, an Administrative Order may be submitted. This type of order is typically less complex and doesn't require a court hearing. b. Court Order: When agreement cannot be reached between the parties, or if the court deems it necessary, a formal court order may be issued. This is typically obtained through a court hearing, where both parties present their arguments and evidence supporting their case. Conclusion: If you have recently divorced and wish to revert to your previous married name in South Dakota, it is crucial to understand the legal process involved. Filing an Order Modifying or Amending Divorce Decree is an essential step to ensure the correct and lawful change of your name. By following the appropriate procedures and providing the necessary documentation, individuals can successfully obtain a court order allowing them to change their name back to their former married name.
