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: San Diego, California Motion to Modify Divorce Decree for Name Change Back to Married Name Introduction: In the bustling city of San Diego, California, numerous individuals seek legal procedures to alter their post-divorce status, particularly by changing their name back to their maiden or married name. This article will delve into the process of filing a motion to modify or amend a divorce decree, emphasizing the importance of understanding the different types available in San Diego, California. 1. General Overview of Name Change Procedure: To alleviate any lingering reminders of a past marriage, individuals may choose to revert to their previous name after a divorce. Filing a motion to modify or amend a divorce decree is a vital step in this process, enabling applicants to legally change their name back to their maiden or married name in San Diego, California. 2. Motion to Modify Divorce Decree: A motion to modify a divorce decree is a legal document seeking changes to specific terms outlined in the original divorce decree. In the context of changing one's name back to their married name, this motion allows individuals to formally request the court's permission to make such a change. 3. Legal Grounds for Name Change: To file a Motion to Modify or Amend a Divorce Decree in San Diego, California, specific legal grounds must be met. These grounds typically include a desire to revert to a maiden or married name plus supporting evidence of the individual's intentions and identity. 4. Types of Motions to Modify or Amend Divorce Decree: a) Unilateral Motion: This type of motion involves one party seeking a name change without requiring permission or consent from the other party. Applicants must provide substantial reasons for the name change and evidence demonstrating the need for an amendment. b) Mutual Consent Motion: In cases where both parties agree on the name change, they can file a mutual motion. This motion signifies that both individuals are in agreement and supportive of the desired name change. c) Post-Divorce Name Change Motion: In situations where a name change was not initially addressed in the divorce decree, individuals have the option to file a post-divorce motion specifically for the purpose of changing their name after the decree has been finalized. 5. Relevant Documents and Supporting Evidence: To increase the chances of a successful name change, individuals must provide necessary documentation, such as a valid identification document (e.g., driver's license or passport), marriage certificate, divorce decree, and any additional supporting evidence outlined by the court. 6. Filing Process and Legal Assistance: Individuals seeking a motion to modify or amend a divorce decree should consult with an experienced family law attorney or the self-help center at the San Diego County Superior Court. These professionals guide applicants through the required paperwork, ensure all necessary forms are completed accurately, and provide legal advice tailored to individual circumstances. Conclusion: San Diego, California offers various types of motions to modify or amend a divorce decree for individuals wishing to change their name back to their maiden or married name post-divorce. Understanding the different types of motions, the legal grounds, and the necessary documentation, individuals can navigate this process successfully and regain their desired identity.
