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Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name

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Multi-State
Control #:
US-01385BG
Format:
Word; 
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Description

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.

Definition and meaning

The Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal request made by an individual who wishes to revert their name to a former married name as specified in a divorce decree. This motion is essential for individuals who have legally changed their name after divorce but now find that using their original married name is preferable for personal or professional reasons.

How to complete the form

To properly fill out the Motion to Modify Divorce Decree, follow these steps:

  • Identify the correct court where the original divorce was finalized.
  • Provide the full names of all parties involved in the divorce, including the petitioner and the respondent.
  • Specify the original decree date and the requested change of name.
  • Detail the reasons for your request, emphasizing any difficulties faced due to the name change.
  • Sign and date the form before submission to the court.

Who should use this form

This form is intended for individuals who have undergone divorce proceedings and have subsequently changed their name. It is especially relevant for those who wish to revert to their married name after realizing that using their maiden name has created challenges, particularly in professional settings or personal identification documents.

Common mistakes to avoid when using this form

When completing the Motion to Modify Divorce Decree, be mindful of the following pitfalls:

  • Failing to include the correct court and case number, which can lead to delays.
  • Omitting a clear explanation for the name change, which is vital to persuade the court.
  • Not adhering to state-specific requirements or deadlines for filing.
  • Neglecting to properly serve notice to the respondent, which is a necessary legal step.

Key components of the form

The Motion to Modify Divorce Decree typically includes several essential components:

  • Petitioner's Information: Full name and contact details.
  • Respondent's Information: Name and last known address.
  • Details of the Original Decree: Date of the divorce decree and the name originally changed.
  • Request for Modification: A clear request to change the name back to the married name.
  • Statement of Reasons: A detailed explanation of why the name change is necessary.

What to expect during notarization or witnessing

During the notarization or witnessing process, you will need to present the completed Motion to Modify Divorce Decree to a licensed notary. The notary will verify your identity and ensure that you understand the document you are signing. Both parties may be required to sign the document in the presence of the notary, who will then affix their seal, ensuring the document's legal validity.

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FAQ

All you need to revert your ID and bank accounts back to your maiden name after you divorce is your decree absolute and your marriage certificate. Alternatively, you can change your name by deed poll and present this document instead.

Under Republic Act No. 8239, otherwise known as the Philippine Passport Act, a woman applicant may revert to the use of her maiden name in case of a divorce decree recognized under Philippine law, a declaration of annulment of marriage or declaration of nullity of marriage.

Step 1 Fill-in Petition to Change Name Form PC51. Step 2 Arrange to Have Fingerprints Taken. Step 3 Pay Fingerprinting and Background Check Fee. Step 4 Gather Documents. Step 5 File Documents with Circuit Court. Step 6 Pay Filing Fee. Step 7 Publication of Name Change. Step 8 Pay Publication Fee.

You will need to submit a completed and signed correction application, a fee of $50.00 in the form of a personal check or money order payable to the State of Michigan in U.S. funds, a copy of your current, valid photo identification and a copy of the court order for documentation.

To change your name back to your pre-marriage or pre-civil partnership name, you must submit divorce, dissolution or legal separation agreement documents or correspondence from a solicitor showing that a separation, divorce or dissolution has been initiated.

You simply need to take with you a copy of the Marriage Certificate, Birth Certificate and, if applicable, the Divorce Order to the relevant institutions and inform them that you are reverting to your maiden name.

For anyone reverting to their prior name, they will need a divorce decree, or else marriage and birth certificates from Births, Deaths and Marriages. If you don't already have this expect to pay between $35 to $65 per certificate. A successful legal name change name change application could cost between $110 and $280.

If the courts have finalized your divorce, you can complete an application asking the divorce court judge to restore your former name. You can find the form online by searching the phrase name change in California. You can also visit your county clerk's office for the form in person.

On divorce, a woman may revert to using her maiden name either using a deed poll, or by using her decree absolute and her marriage certificate.A deed poll also has the advantage that other names can be changed at the same time or a completely new surname could be chosen.

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Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name