Legal Question in Family Law in New Jersey

Divorce

I was just served the complaint for divorce. I signed the acknowledgment which included the waiver for the 35 days to answer the complaint. I want to resume my maiden name. Has signing the waiver without making the name change request, now make it necessary for me to go to court for the divorce date in order to resume my married name? Is it necessary for me to go to court or could an attorney do this for me for a flat fee? P.S. (When we separated we both retained attorneys at high hourly rates to complete a property settlement agreement last year.)


Asked on 8/29/07, 8:42 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Divorce

You can appear at the final hearing by speaker phone but you will have to have an attorney in court verifying it is you on the telephone. I would be willing to charge you a flat fee for this limted servide.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/29/07, 9:10 pm
Robert Davies The Davies Law Firm, P.A.

Re: Divorce

You want to file an Answer and Counterclaim also asking for divorce, and for your maiden name, and to incorporate the settlement agreement into the divorce judgment.

Signing the acknowledgment did NOT destroy your ability to get your maiden name. You DO need to take the needed steps to get back your maiden name and to put the settlement agreement into force.

You may be able to have an attorney represent you in an uncontested divorce, for a modest flat fee. It may even work out cheaper to have an attorney handle it on an hourly basis, because the real work was done and over when you both signed a property settlement agreement.

There are some difficulties, however, with an attorney representing you, because the new attorney will have NO information to confirm that the property settlement agreement is fair to you except for the information that your first attorney obtained. You will need to talk that over, a bit.

Call if I can be of assistance.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/30/07, 8:58 am


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