QUESTION
To get her maiden name back, would she have to sue me?
Asked on Jan 22nd, 2014 on Divorce - Idaho
More details to this question:
I am going through a divorce and I was the one that left. We had only been married for 2 years. I had signed for my wife to get a new car and she makes the payments for her to get the car in her name. Would she have to sue me? We are using the same attorney and she wants me to go ahead and sign the papers. She wants me to go to the attorney’s office with her to sign the papers.
8 ANSWERS
She can request the name change as part of her responsive pleadings. If she does not do it now she can bring an action for name change later. You would not be involved in such an action.
Answered on Jan 27th, 2014 at 7:31 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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1. Notify the Florida Bar, this may be an unethical act by your attorney, 2. A name change is usually in the Petition for Dissolution of Marriage; usually granted automatically.
Answered on Jan 27th, 2014 at 7:31 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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The attorney represents her not you. The attorney is not allowed to represent both. The name change will be part of the divorce unless she wants to keep your name. The car could be sold, you could keep it and the payment. or you could get it back if she misses a payment or fails to refinance within a certain time perioddepending what yall put in the decree.
Answered on Jan 27th, 2014 at 7:30 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona if a woman makes the request in the dissolution petition the family court judge will restore her to her former name, so no new legal action would be required. I suggest that you at the very least consult with an experienced family law attorney to discuss this matter. The attorney who prepared the dissolution documents cannot represent both of you. It is possible that what you will be asked to sign is an "Acceptance of Service", which is a document that acknowledges that you received the documents listed. If so then those documents are what you should review with your own independent attorney.
Answered on Jan 27th, 2014 at 7:30 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In your final Judgment paperwork, the wife may ask the Judge to restore her former name, and the name change will be part of the divorce. I would be very concerned with any attorney claiming to represent both of you, normally, an attorney can only look out for the best interest of one party, it is very tricky for an attorney when her best interest may not be the same as your best interest in the case. This doesn't mean it's not possible, but you may want to look at the contract with the attorney to see if he/she is actually representing you or your spouse and have a serious conversation with that attorney. If the attorney is acting as a Mediator, then they are not representing either of you, but just helping the two of you come to an agreement on the various issues.
Answered on Jan 23rd, 2014 at 11:29 PM
No; all she needs to do is to request her maiden name in the Court papers and it will be restored.
Answered on Jan 23rd, 2014 at 11:28 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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She can get her name back as part of the divorce.
Answered on Jan 23rd, 2014 at 11:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to take the papers to your attorney and have them reviewed. They may very likely be perfectly fine, but you still need an independent review in case there is something there that may adversely affect you and you don't know it.
Answered on Jan 23rd, 2014 at 11:22 PM