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.
Montana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: A Comprehensive Guide In Montana, individuals who have undergone a divorce and wish to change their name back to their married name can file a Motion to Modify or Amend Divorce Decree. This legal process allows individuals to revert to their previous name before marriage. Here, we will provide a detailed description of this procedure, along with different types of motions that can be filed for modifying or amending a divorce decree to change one's name back to their married name. 1. Montana Motion to Modify Divorce Decree for Change of Name: This type of motion is filed with the court to request a change of name in the divorce decree. The petitioner (the individual seeking the name change) must provide valid reasons for the name change and present supporting documentation to the court, affirming their desire to revert to their previously used name. 2. Montana Motion to Amend Divorce Decree for Name Change: Similar to the motion described above, this type of motion aims to amend the divorce decree for the purpose of changing one's name back to their married name. The petitioner will need to provide sufficient grounds for the amendment and submit relevant documentation to support their desire to revert to their previous name. 3. Montana Motion to Change Name Back to Married Name: In this type of motion, the petitioner seeks a name change solely for the purpose of returning to their maiden or previously used married name. This motion is typically filed after a divorce decree has been finalized, and the petitioner establishes their desire to reclaim their former name. The process to file a Montana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name involves several steps: 1. Prepare the necessary documents: The petitioner must gather their original divorce decree, a completed Name Change Petition or Motion form, along with any supporting documents like a driver's license, birth certificate, or passport. 2. Draft the Motion: The petitioner needs to carefully draft the motion, specifying their reasons for the name change and any relevant information that supports their request. It is essential to follow the court's specific formatting guidelines. 3. File the Motion: The completed motion, along with supporting documents, should be filed with the court clerk. The petitioner must pay the required filing fees unless they are eligible for a fee waiver based on their financial circumstances. 4. Serve the Other Party: It is crucial to serve a copy of the motion to the other party involved in the divorce. This ensures that all parties are aware of the requested name change modification. 5. Attend the Hearing: After serving the motion, a court hearing will be scheduled. Both parties may be required to attend the hearing, where they can present their arguments for or against the motion. The court will make a decision based on the evidence presented. 6. Obtain the Modified Decree: If the court approves the motion, an amended divorce decree reflecting the name change will be issued. It is important to request certified copies of the modified decree for various legal and administrative purposes. In summary, the Montana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name provides individuals with the opportunity to revert to their pre-marriage name. Whether filing a motion to modify, amend, or change the name back to a married name, it is essential to follow the necessary steps and provide valid reasons and supporting documentation. Seeking legal advice or assistance during this process can ensure a smooth and successful name change following a divorce.Montana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: A Comprehensive Guide In Montana, individuals who have undergone a divorce and wish to change their name back to their married name can file a Motion to Modify or Amend Divorce Decree. This legal process allows individuals to revert to their previous name before marriage. Here, we will provide a detailed description of this procedure, along with different types of motions that can be filed for modifying or amending a divorce decree to change one's name back to their married name. 1. Montana Motion to Modify Divorce Decree for Change of Name: This type of motion is filed with the court to request a change of name in the divorce decree. The petitioner (the individual seeking the name change) must provide valid reasons for the name change and present supporting documentation to the court, affirming their desire to revert to their previously used name. 2. Montana Motion to Amend Divorce Decree for Name Change: Similar to the motion described above, this type of motion aims to amend the divorce decree for the purpose of changing one's name back to their married name. The petitioner will need to provide sufficient grounds for the amendment and submit relevant documentation to support their desire to revert to their previous name. 3. Montana Motion to Change Name Back to Married Name: In this type of motion, the petitioner seeks a name change solely for the purpose of returning to their maiden or previously used married name. This motion is typically filed after a divorce decree has been finalized, and the petitioner establishes their desire to reclaim their former name. The process to file a Montana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name involves several steps: 1. Prepare the necessary documents: The petitioner must gather their original divorce decree, a completed Name Change Petition or Motion form, along with any supporting documents like a driver's license, birth certificate, or passport. 2. Draft the Motion: The petitioner needs to carefully draft the motion, specifying their reasons for the name change and any relevant information that supports their request. It is essential to follow the court's specific formatting guidelines. 3. File the Motion: The completed motion, along with supporting documents, should be filed with the court clerk. The petitioner must pay the required filing fees unless they are eligible for a fee waiver based on their financial circumstances. 4. Serve the Other Party: It is crucial to serve a copy of the motion to the other party involved in the divorce. This ensures that all parties are aware of the requested name change modification. 5. Attend the Hearing: After serving the motion, a court hearing will be scheduled. Both parties may be required to attend the hearing, where they can present their arguments for or against the motion. The court will make a decision based on the evidence presented. 6. Obtain the Modified Decree: If the court approves the motion, an amended divorce decree reflecting the name change will be issued. It is important to request certified copies of the modified decree for various legal and administrative purposes. In summary, the Montana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name provides individuals with the opportunity to revert to their pre-marriage name. Whether filing a motion to modify, amend, or change the name back to a married name, it is essential to follow the necessary steps and provide valid reasons and supporting documentation. Seeking legal advice or assistance during this process can ensure a smooth and successful name change following a divorce.