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: West Virginia Order Modifying or Amending Divorce Decree to Change Name Back to Married Name Introduction: In West Virginia, individuals who have gone through a divorce and wish to revert to their former married name can do so by obtaining an Order Modifying or Amending Divorce Decree. This legal process enables them to officially revert to their previous name as it appeared prior to the divorce. This article will provide a detailed overview of the steps involved in obtaining such an order and highlight any specific types available. 1. Understanding the Importance of Changing Name back to Married Name: After a divorce, many individuals choose to change their last name back to their former married name for various personal and professional reasons. This decision helps restore their identity and can simplify matters such as legal documents, identification, and financial accounts. 2. Filing a Petition for Order Modifying or Amending Divorce Decree: To initiate the name change process, individuals in West Virginia need to file a Petition for Order Modifying or Amending Divorce Decree with the appropriate family court. This petition should clearly state the intention to change the name back to the former married name and provide any supporting reasons. 3. Required Documentation: When filing the petition, it is crucial to provide the necessary documentation to support the requested name change. This typically includes the original divorce decree, certified copies of identification documents such as driver's license or passport, and any evidence displaying the former married name (marriage certificate, previous identification documents, etc.). 4. Serving the Petition and Notice: After the petition is filed, it must be served to the opposing party involved in the divorce proceedings. This is done by providing them with a copy of the petition and a notice of the scheduled court hearing. The opposing party is given the opportunity to respond to the name change request if they wish to do so. 5. Attending the Court Hearing: Once the petition has been served, a court hearing is scheduled where both parties have the chance to present their arguments or agreements regarding the name change request. It is essential to attend the hearing and provide any additional supporting evidence or justifications for reverting to the former married name. Types of West Virginia Orders Modifying or Amending Divorce Decree: a. Consent Orders: If both parties involved in the divorce agree to the name change, they can jointly submit a consent order to the court, which reflects their mutual decision. b. Contested Orders: In cases where the opposing party disagrees with the name change, a contested order is pursued. This will require both parties to present their arguments before the court, which will ultimately make a determination based on the evidence and circumstances presented. Conclusion: Obtaining a West Virginia Order Modifying or Amending Divorce Decree to change a name back to a former married name is an important step for individuals seeking to restore their identity post-divorce. By following the appropriate legal procedures, gathering necessary documentation, and attending court hearings, individuals can successfully regain their previous name. Whether pursuing a consent or contested order, it is crucial to adhere to the legal requirements and ensure compliance with the West Virginia Family Court.
