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: Washington Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Introduction: In the state of Washington, individuals who have gone through a divorce may wish to change their name back to their married name. To accomplish this, a Motion to Modify or Amend Divorce Decree must be filed. This article will provide a detailed description of the process, including the different types of motions available for individuals seeking to change their name back to their married name in Washington. 1. General Overview: A Washington Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal document filed with the court. It allows individuals who have previously obtained a divorce decree to request a name change back to their former married name. 2. Types of Washington Motions to Modify or Amend Divorce Decree to Change Name Back to Married Name: a. Unopposed Motion: An unopposed motion is filed when both parties agree to the name change. This type of motion is typically the quickest and easiest way to modify a divorce decree and change the name back to the previous married name. b. Opposed Motion: In cases where the ex-spouse does not consent to the name change, an opposed motion must be filed. It will require the court to review the request and make a decision based on the facts and circumstances presented by both parties. c. Motion for Consideration of Name Change: A motion for consideration of name change may be filed when the individual wants to change their name back to a previous married name but was not automatically granted the change during the divorce proceedings. This motion allows the court to review the request and determine if a name change is appropriate. 3. Steps Involved in Filing the Motion: To file a Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name in Washington, the following steps should be taken: a. Prepare the Motion: Draft a motion that clearly explains the reasons for the requested name change and includes any supporting documentation or evidence. b. File the Motion: File the motion with the same court that granted the divorce decree. Ensure all necessary fees are paid and that copies of the motion are provided to both the court and the ex-spouse. c. Serve the Ex-Spouse: Serve the ex-spouse with a copy of the filed motion. This can be done through a process server or a designated third party. d. Attend the Hearing: Depending on the circumstance and the type of motion filed, a hearing may be scheduled. Attend the hearing and present your case to the court, providing any additional information or evidence supporting the name change request. 4. Conclusion: Changing a name back to a previous married name in Washington requires filing a Motion to Modify or Amend Divorce Decree. By understanding the different types of motions available and following the necessary steps, individuals can successfully request a name change back to their married name. Seek legal advice or consult the Washington state statutes for specific guidance and requirements related to individual cases.