Replace Surname Field into the Divorce Settlement Agreement and eSign it in minutes

Aug 6th, 2022
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How to Replace Surname Field into the Divorce Settlement Agreement

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good afternoon im attorney lee pearlman i want to talk to my family law friends and colleagues about how to bankruptcy proof your divorce settlement right now first let me lay a little groundwork for everyone bankruptcy code section 523 a15 i know i promise this will be the only bankruptcy code section i cite in this video simply provides that debts incurred during the course of divorce are non-dischargeable in chapter 7 and 11. but a chapter 13 is different a chapter 13 bankruptcy is more expansive so it can discharge any non-support obligations associated with divorce unlike 7 and 11. family lawyers are most at risk when they are drafting marital settlement agreements we see it all the time or court judgments that direct one spouse to pay or indemnify another spouse in the future the spouse assigning the obligation or what we say as doing the directing thats the creditor spouse this is the spouse who needs to be cautious and careful some examples of clauses that could be subject to

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However, no matter your reason for wanting the change, there is no legal obligation for your ex to go back to her maiden name. With essentially no legal means to require your ex to change her last name, your best option is to simply get over it and try to understand why she wants to keep it.
You pay a $435-$450 filing fee. If you cant afford the fee, you can ask the court to waive it. The clerk will give you a date when a judge will make a decision.
With divorce, just as no law compelled her to take your surname, no law compels her to give it up. She legally became Ms. or Mrs. You, and she, can choose to keep that surname or change it.
This is entirely your decision your former husband can neither make you give up his name nor make you keep it.
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.
However, no matter your reason for wanting the change, there is no legal obligation for your ex to go back to her maiden name. With essentially no legal means to require your ex to change her last name, your best option is to simply get over it and try to understand why she wants to keep it.
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.
After your divorce Fill out Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (form FL-395). This asks the court to change your name back to a former name. Make one copy of the form. Self-address an envelope and add postage unless you want to come back to court to pick it up.

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