Legal Question in Family Law in New Mexico
keeping x husbands last name
my husband is in prison. He mailed me divorce papers. He specifically mentioned on them he wants me to change my last name back to my maiden name. I dont want to i want to keep my name. If i sign the papers do i legally have to change my name? Or can i keep his name despite what the divorce papers say? If i have to change it legally do i need a lawyer to contest it?
1 Answer from Attorneys
Re: keeping x husbands last name
You can use whatever name you want - in the petition say wife requests the court to either "
restore her maiden name" or "keep her married name," and in the decree just say "wife's maiden Jane Doe name shall be restored" or words to that effect or "Wife shall retain her married name." If you change your mind later you change it by filing a petition with the court. It's a little complicated (you have to publish in a newspaper) but not too bad.
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