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Rule 9-211 – RESTORATION OF FORMER NAME AFTER JUDGMENT OF ABSOLUTE DIVORCE

May 13, 2021 | Family Law, Maryland

(a) Applicability. This Rule applies to a post-judgment motion for a change of name pursuant to Code, Family Law Article, § 7-105.
(b) Motion. The motion shall be filed under oath in the action in which the judgment of absolute divorce was entered and shall state:

(1) the change of name desired and the fact that the party formerly used the name;
(2) that the party took a new name upon marriage and no longer wishes to use it; and
(3) that the party is not requesting the name change for any illegal, fraudulent, or immoral purpose.
(c) No Fee for Filing Motion. No filing fee shall be charged for the filing of the motion for change of name pursuant to Code, Family Law Article, § 7-105.
(d) Service. A motion filed within 30 days after the entry of the judgment of absolute divorce shall be served in the manner provided in Rule 1-321. If more than 30 days have passed since the entry of the judgment, the motion shall be served in the manner described in Rule 2-121, and proof of service shall be filed in accordance with the method described in Rule 2-126.
(e) Action by Court. Notwithstanding Rule 2-311(f), the court may hold a hearing or may rule on the motion without a hearing even if one was requested. The court shall not deny the motion without a hearing, regardless of whether a hearing was requested.

Md. Fam. Law. Actions. 9-211

Source: This Rule is new.

Adopted April 9, 2018, eff. July 1, 2018.

Committee note: A motion under Code, Family Law Article, § 7-105 must be filed within 18 months after the judgment of absolute divorce was entered. Instead of proceeding under § 7-105 and this Rule, a party may file a petition for change of name at any time under Rule 15-901.