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.
A Mecklenburg North Carolina Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal petition filed by an individual seeking to revert to their previous or maiden name after a divorce. This motion allows the petitioner to ask the court to modify the existing divorce decree to reflect the desired name change. Keywords: Mecklenburg North Carolina, motion to modify, amend divorce decree, change name, married name, divorce, petition, court, legal. There are two main types of Mecklenburg North Carolina Motions to Modify or Amend Divorce Decree to Change Name Back to Married Name, including: 1. Uncontested Motion: An uncontested motion occurs when both parties involved in the divorce are in agreement with the name change request. In this case, the petitioner simply needs to provide the necessary documentation and submit the motion to the court. If approved, the court will issue an amended divorce decree reflecting the name change. 2. Contested Motion: A contested motion arises when one party opposes the petitioner's request to change their name back to their married name. This could occur if the opposing party believes the name change will cause confusion or harm to their interests. In this situation, the court will review the arguments presented by both parties and make a decision based on the best interests of the parties involved. It is important to note that the process of filing a Mecklenburg North Carolina Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name typically involves the following steps: 1. Gathering Required Documentation: The petitioner must gather all necessary documents that support their request for a name change, such as their birth certificate, marriage certificate, or other forms of identification. 2. Completing the Necessary Forms: The petitioner should fill out the relevant court forms, including a motion to modify or amend the divorce decree, stating the reason for the name change request, and any supporting evidence. 3. Filing the Petition: The petitioner must file the completed forms with the Mecklenburg County Clerk of Court. It is advisable to consult with an attorney specializing in family law to ensure all required documents are correctly prepared and filed. 4. Serving the Opposing Party: If the motion is contested, the petitioner must serve a copy of the filed motion and supporting documents to the opposing party. Proper service is crucial to establish that the opposing party is aware of the name change request. 5. Attending a Hearing: If the motion is contested, a court hearing will be scheduled, where both parties will have the opportunity to present their arguments and evidence supporting or opposing the name change request. 6. Court Decision: The court will review the evidence and arguments presented by both parties and issue a decision on whether to approve or deny the motion to modify or amend the divorce decree for the name change. In conclusion, a Mecklenburg North Carolina Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name allows individuals to request a change of their name in their divorce decree. Whether it is an uncontested or contested motion, following the necessary steps and providing appropriate documentation will increase the chances of a successful name change after divorce.
