At the divorce hearing, the process of requesting a name change is relatively simple and straightforward. Such name change requests are generally—although they do not have to be—made by a Wife requesting to change her name back to her maiden name.
New Jersey Divorce Name Changes
At an uncontested divorce hearing the attorney and/or the Superior Court judge will ask the divorcing party several questions. If a client wishes to have their name changed, the attorney and/or Superior Court judge will simply ask a few additional questions. Under the New Jersey statute on name changes, the following inquiries must be made:
That the party seeking the name change:
- Does not wish to avoid creditors and/or bankruptcy proceedings;
- Is not requesting the change to perpetuate a fraud;
- Does not wish to avoid other proceeds or service of process;
- Is seeking the change for a purpose both lawful and appropriate.
If the judge is satisfied with this line of questioning, the name change will be granted on the spot. It will then still be up to the client to take the necessary steps to have their new name officially recognized with appropriate state and federal agencies.
If a party wishes to change their name following the divorce proceeding, they may do so by filing a Motion. An Affidavit must be attached to the Motion. In this affidavit, the above inquiries must be addressed demonstrating that the name change is appropriate.
New Jersey law makes a name change following a divorce relatively easy. The law is pretty straightforward and the procedure simple.
Your New Jersey Divorce Lawyer:
If you’re considering a New Jersey divorce or Family Law action contact me to discuss your options. You can schedule an initial consultation by calling my office at 908-237-3096 or by scheduling your own divorce consultation online by clicking here.