Legal Question in Family Law in District of Columbia
Name change
I am getting an uncontested divorce and want to change my name at the same time. However, I do not want to change it to my maiden name. The divorce forms imply that is the only option, but I have a friend that has been divorced twice, in two different states, where this was not the case. Can I just change the part where it asks about returning to one's maiden name to ''her name shall be....''? I would rather not have to file for a divorce, and then file again for a name change - waste of time.
Thanks.
1 Answer from Attorneys
Re: Name change
It is best to keep the two actions separate for various reasons, procedural and for convenience also for the future. As far as procedure is concerned, you need to advertise in the newspaper for three consecutive weeks (because this is something different than just reverting to your maiden name) and the time line may not match with your court date for the final divorce decree. In addition, procedure wise, you need to state a reason for the name change and provide evidence to the Court as to why you want to name to change... the divorce court is not "interested" in the midst of a divorce proceeding to hear and/or find out about this different and separate issue!!! It is a different action all together!!! Also in the future, if you decide to buy a house, or refinance or do anything that requires a title search or a name search for judgements, liens and so forth.. it is too easy for an abstractor to miss the name change action within the divorce action... so.. keep the two separate!!
Good Luck,
Tiziana Ventimiglia.
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