Legal Question in Family Law in Louisiana
my husband filed for divorce as a pauper and he did not list our kids (18,19,23) names and said i wanted my original last name back is this important
2 Answers from Attorneys
If the children had been minors, it would have been necessary to mention them. If you disagree with the name change answer the petition and be siure to attend any hearing dates. The court determines whether or not someone qualifies to pay no court costs.
Filing as a pauper does not mean court costs are not owed, it only means that prepayment of costs is not required. At the conclusion of the matter, either he, you or you both will share in the court costs and be billed accordingly. If you had community property during your marriage and it is hard to believe you did not considering the ages of your children, then that should have at least been mentioned. You never legally lose your maiden name, and you really do not need a Judgment to allow you to begin using your maiden name again, however, since banks etc, may require it, you need to decide which last name you wish to use after the divorce. Many women simply continue to use the last name of their children. You need to see an attorney if nothing more than to look over the paperwork and make sure you are not in danger of getting the screws put to you.