For many people, an exciting aspect of marriage is sharing a last name with your new spouse, as it unites you as one family unit. However, when going through a divorce, one element you may be unsure of is how or when to change your name back to what it was before the marriage. If this represents your circumstances, you’ll want to keep reading, as the following blog explores what you should know about these difficult matters, including the importance of working with a Nassau County divorce lawyer to help guide you through this process.
What Does the Divorce Process in New York Entail?
When you and your spouse decide to file for divorce, the party who files is officially the plaintiff, while the party served is the respondent. The party served will receive a copy of the divorce petition filed by the spouse, which includes information regarding the relief they seek. This relief typically includes matters related to alimony, property distribution, and custody.
If the respondent agrees with the terms of the petition, this means the divorce will continue uncontested, which is generally a simpler process. However, if the respondent disputes the terms and conditions proposed by their spouse, the divorce will be considered contested. As such, each party must negotiate the disputed matters, which entails going through the discovery process and even a potential trial.
Once the divorce has been settled, whether through an uncontested divorce, successful negotiation, or court intervention, the judge overseeing the case will issue a final divorce decree. This will include all pertinent information regarding your divorce, like the terms and conditions for alimony and how property is divided. If you have children, you will also be issued a custody agreement, which dictates the arrangement you and your spouse have agreed upon or the terms enforced by the court.
What Steps Should I Take to Change My Last Name?
First and foremost, it’s important to understand that you are not legally obligated to change your name when you get a divorce. There is no legal requirement that you must revert to your pre-marriage last name, though this is something that many who are filing for divorce choose to do. However, if you wish to change your last name, you can include this in the divorce petition or response, depending on whether you or your spouse files the petition. Changing during divorce is generally an easier process, so it is recommended that if you wish to change your name back, you do so during the divorce. If you do not, you’ll need to submit a separate petition with the New York State Supreme Court, which entails fees and even a court appearance.
You should note, however, that during a divorce, you are not able to change your last name to a name that you never had. For example, if your pre-marriage surname was Smith, you cannot ask the judge to change it to Doe after your divorce.
There are a number of important considerations you’ll need to make when filing for divorce in New York, which is why it’s in your best interest to connect with an experienced attorney with the Law Offices of Jay D. Raxenberg to assist you through these difficult times. Our firm can help you navigate the divorce process so you feel confident in the decisions you’ll make. Contact us today to learn how we can assist you.
