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.
Wisconsin Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name
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How to fill out Motion To Modify Or Amend Divorce Decree To Change Name Back To Married Name?
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General information about the name change process is contained in Wisconsin Statutes 786.36 and 786.37. There is a $164.50 filing fee to file a Name Change action. The Clerk of Courts cannot give you legal advice. If you need further help, you may consult the Wisconsin Statutes, Sections 786.36 and 786.37.
In order to obtain a modification, you must show the court that since the original decree was issued or last order made, there has been a substantial change in circumstances. To justify a modification, the change in circumstances must be truly significant.
Fill out a Petition for Name Change form. If the person whose name is proposed to be changed is an adult or a minor age 14 or over, complete CV-450. Use CV-455 if the person whose name is proposed to be changed is a minor under 14 years of age. The form has step-by-step instructions on the left side.
Can a Divorce Decree be Changed? Ensure that a change in circumstances has occurred. Seek the services of an experienced lawyer. Provide a clear statement on what you would like amended and why. Complete the legal paperwork. File the motion paperwork with the court and serve your ex-spouse. Go to court on your court date.
You must fill out the forms properly and file them with the court in the county where you reside. You will also have to pay whatever fee that county requires for a name change. You will have to file out and file a proposed order and notice of hearing on your name change.
Unfortunately, one spouse cannot appeal a decree (official decision made by a court of law) that was reached with the other spouse, specifically if both spouses do not agree to rescind it. If the judge has ruled already, one spouse would have to reopen the divorce case for potential negotiations.
You must fill out the forms properly and file them with the court in the county where you reside. You will also have to pay whatever fee that county requires for a name change. You will have to file out and file a proposed order and notice of hearing on your name change.
Under Wisconsin law, property division orders are final. Once you have split up the marital property, absent very unusual circumstances, you cannot change the property division arrangement. On the other hand, child support, custody, placement and maintenance orders can be changed post-judgment in certain circumstances.