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.
Arkansas Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name
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US-01385BG
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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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Under Arkansas law, a modification to a divorce decree requires a material change of circumstances. These cannot be changes that occur in the normal course of life, like relocation, remarriage or new siblings. Material changes are often limited to those that involve criminal activity by a parent or new step-parent.
Arkansas allows both fault divorces and no-fault divorces. You can get a no-fault divorce if you and your spouse lived separately for a period of at least 18 months. You can also get a fault divorce in Arkansas. However, there are specific requirements that must be met to qualify for a fault divorce.
First, you will need to file a petition with the court to change your name. This will need to include all of your personal information as well as your reason for wanting to change your name. In almost all cases, the courts will accept your request to change your name.
If your spouse has already filed an answer to the divorce petition, but you both want it to end, you can still ask for voluntary dismissal, but in this situation, you'll need your spouse's written agreement. You must sign a ?stipulation of dismissal? and file that document with the court.
However, as long as you can prove fault or prove that you and your spouse have been living separate and apart for at least 18 months, then the court will grant your divorce. You will have to be prepared to put on proof of fault or 18 months of separation. You can do this through witnesses or documentary evidence.
It simply requires you to use the documentation of your marriage or divorce to update your identification documents (Driver's License, Social Security, etc). In the case of changing the name of a child (minor), both parents must agree to the change before the courts will review the request.
If you divorce or dissolve a civil partnership you can simply go back to using your previous surname without having to officially record the change. If you were married you can simply let everyone know you are reverting to your previous name (such as a Birth name or maiden name).
Step 3: File Your Petition Take two copies of your Petition for Name Change to the Circuit Clerk's Office for filing. The Circuit Clerk will require a filing fee of around $165. An exact amount can be determined by contacting the Clerk's Office in the county where you live.