Delete Last Name Field from the Marriage Separation Agreement and eSign it in minutes

Aug 6th, 2022
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How to Delete Last Name Field from the Marriage Separation Agreement

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Im Jessica Culver. Im a family lawyer with Dummit Fradin. A separation agreement is essentially a contract between you and another party. So in most situations, were talking about a separation agreement which encapsulates all the issues with your spouse incident to your separation, prior to your divorce. So, through a separation agreement, we can handle property division. We can handle spousal support. We can handle other issues that you may not even think you need to handle. But your attorney can identify them when you have that initial consultation, and you explain your situation. A separation agreement can make things much more pleasant. It avoids a trial. It avoids going through the court process. But we can also use a separation agreement for some issues and then go to trial on other issues. So its a great way, if theres any issue that can be resolved with your spouse without the need for court time. Its a great way to do it. You do not have to have a separation agreemen

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Many women choose to hold onto their married name after a divorce because of their children. Sharing the same last name can make women feel more connected to their children. It can also provide a sense of stability for younger children who will not understand why their mother has a different last name.
Either way, it is a personal choice. After all, both spouses are entitled to keep their married names after they divorce. No one can force you or your ex-spouse to change it.
Petition to change your name by filling out a name change form, an order to show cause for legally changing your name, and a decree to legally change your name. Take these forms to the court clerk and file them along with your states required filing fees.
Negotiate Your best option is to negotiate for her to include reverting back to her maiden name in the divorce decree. If it is truly a very important issue for you, it may be possible to give some ground in an area that she feels strongly about. However, in a very contentious divorce, this may not be possible.
Call your local Social Security office to see if theyll accept your divorce decree as a legal name change document. If not, youll need to petition for a court-ordered name change. You can start a court-ordered name change by contacting your county clerks office.
You cannot change your name for fraudulent purposes. For example, you cannot change your name because you have warrants on you, owe child support or have creditors that youre trying to avoid. You cannot change your name to something deemed obscene in your local community.
Broadly speaking, any individual is allowed to go by such surname as they wish to. The only evidence that will be required will be the Deed Poll. As such, there is no way in which, say, a husband, can insist that a wife change the surname that they had adopted on marriage when they divorce.
It may be hard for you to see it, but most ex-wives dont keep their ex-husbands last name simply to be a source of constant irritation. Continuity with children One of the most common reasons an ex may keep your last name is to keep her name the same as any children.

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