Legal Question in Family Law in New Jersey

Divorced for one year. In the divorce papers my wife stated and signed that she would go back to her maiden name. the thing is she still has not changed it and is using it for a lot of inappropriate websites. realy want her to drop my families last name. Is she bound by paper


Asked on 9/21/10, 9:42 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

It probably depends on the manner in which it is worded in the Divorce Decree. Many times it says that the person is "authorized" to return to her maiden names. The fact of the matter is that a husband cannot force the return to a maiden name. So if she has chosen to not use same, that may still be her choice. If you feel strongly about it, you may want to file a Motion and ask a judge to require her to return to the use of the maiden name, in light of what the Divorce Decree says.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact a Family Law attorney for a full consultation. . Good Luck! Rob Gleaner

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Answered on 9/26/10, 9:58 am


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