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.
New Jersey Order Modifying or Amending Divorce Decree to Change Name Back to Married Name
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US-01386BG
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How to fill out Order Modifying Or Amending Divorce Decree To Change Name Back To Married Name?
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FAQ
G?oing Back It can be done without a deed poll. A decree absolute or final order (for divorces issued after April 2022) entitles a woman to revert to her maiden name (birth surname) and is accepted as documentary evidence by all government bodies (including The Passport Office and DVLA) and companies across the UK.
Is New Jersey a no-fault divorce state? New Jersey law allows no-fault divorces. That means you can seek a divorce on the grounds of ?irreconcilable differences? ? a legal term for issues within the marriage that cannot be fixed and make it so the relationship cannot continue.
Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.
To resume your maiden name as a result of a divorce, you can file a motion in family court as part of a pending or post-judgment divorce case. If your judgment of divorce stipulates that you can resume your maiden name, you do not need to file any other motion.
The Application/Cross Application to Modify a Court Order is a written request in which you ask the court to change or enforce an existing court order. The court will change an order only if important facts or circumstances have changed from the time the order was issued.
In the state of New Jersey, a divorce settlement is a public record, so it's possible that a third party could access a copy of your divorce certificate or divorce decree.
You and your spouse can amend your MSA after it is filed with the court if you both agree that a change is appropriate. In this case, you may consider attending mediation before either of you files a modification request in court. If one of you disagrees, the other can file a motion in court asking for a modification.
