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.
Tennessee Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name
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US-01385BG
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FAQ
Once the divorce order is entered, the divorce is finalized. The court cannot generally go back and un-grant the divorce because a spouse changes their mind. The only way to set aside a divorce judgment may be to show there was some procedural problem like one spouse was never given notice of the divorce filing.
You must visit a Driver Service Center to make changes to your name. You will need your current license and the original or certified document showing the reason for the change; for example: An original or certified marriage certificate, original or certified copy of your divorce decree, or the original court order.
Tennessee requires a change of 15% or more (7.5% for low-income) in the amount of support to require a modification, either up or down. However, the income of the other parent also affects support, and the court may approve a modification if they have a significant change in circumstances.
Before moving forward with appealing your divorce settlement, you should consult with an experienced attorney (like ours at Casey, Simmons & Bryant, PLLC) to make sure this is in your best interest. Note: you cannot stop someone from divorcing you, and therefore, once finalized, you cannot have your divorce reversed.
If one spouse failed to disclose the existence of an important asset or debt during the divorce process, the other has the right to re-open the divorce by filing a post-judgment motion.
Once the decree absolute has been granted, the marriage has officially ended and it is no longer possible to change your mind. If a couple decides at this point that they wish to be married, then they will have to remarry- unless there is a procedural irregularity it is not possible to reverse a decree absolute.
You will need the following documents: Marriage Certificate. Birth Certificate. Decree Absolute. Signed declaration stating that you are switching back to your Maiden name 'for all purposes. '
While a divorce decree can be appealed to a higher court to overturn the judge's decision, a divorce decree modification seeks to adjust the details of the original agreement. If you or your ex-spouse has experienced a change in circumstances, a motion may be filed in family court to modify the divorce decree.