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Meaning for name change statement

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aysutton

Junior Member
What is the name of your state? Washington

I just have a really quick question.
About a year ago, I got a divorce. The divorce decree says, "The wife's name shall be changed to _______________________________ [First, Middle, Last Name]."

However, when I realized how much work it would be to change my house, ss card, driver's license, etc..., I decided to continue using my married name instead of going through the hassle.

Does that statement mean that I am legally REQUIRED to use maiden name now and that I am in contempt of court for continuing to use my married name? Or does it mean that I have permission to use my maiden name, if I choose to do so, but I'm not required by law to do so? (I would think that if it's a requirement, it would say "required" and specify a date") Bottom line, can my ex and his fiancé's sue me for continuing to use my married name (she is sending me harassing and threatening emails)?

Thanks!
 


seniorjudge

Senior Member
aysutton said:
What is the name of your state? Washington

I just have a really quick question.
About a year ago, I got a divorce. The divorce decree says, "The wife's name shall be changed to _______________________________ [First, Middle, Last Name]."

However, when I realized how much work it would be to change my house, ss card, driver's license, etc..., I decided to continue using my married name instead of going through the hassle.

Does that statement mean that I am legally REQUIRED to use maiden name now and that I am in contempt of court for continuing to use my married name? Or does it mean that I have permission to use my maiden name, if I choose to do so, but I'm not required by law to do so? (I would think that if it's a requirement, it would say "required" and specify a date") Bottom line, can my ex and his fiancé's sue me for continuing to use my married name (she is sending me harassing and threatening emails)?

Thanks!

You need to either go back and modify the judgment in the first lawsuit

OR

go through a name change from the one you got in the judgment to whatever it is you want now.


Q: Does that statement mean that I am legally REQUIRED to use maiden name now and that I am in contempt of court for continuing to use my married name?

A: Your name has been legally changed by that judgment. If you use another, it could be considered fraud.


Q: Or does it mean that I have permission to use my maiden name, if I choose to do so, but I'm not required by law to do so?

A: No (see answer above).


Q: (I would think that if it's a requirement, it would say "required" and specify a date")

A: Why would you think that?


Q: Bottom line, can my ex and his fiancé's sue me for continuing to use my married name (she is sending me harassing and threatening emails)?

A: You can sue anyone for anything at anytime for any reason. Would your ex win? I doubt it.
 

LdiJ

Senior Member
seniorjudge said:
You need to either go back and modify the judgment in the first lawsuit

OR

go through a name change from the one you got in the judgment to whatever it is you want now.


Q: Does that statement mean that I am legally REQUIRED to use maiden name now and that I am in contempt of court for continuing to use my married name?

A: Your name has been legally changed by that judgment. If you use another, it could be considered fraud.


Q: Or does it mean that I have permission to use my maiden name, if I choose to do so, but I'm not required by law to do so?

A: No (see answer above).


Q: (I would think that if it's a requirement, it would say "required" and specify a date")

A: Why would you think that?


Q: Bottom line, can my ex and his fiancé's sue me for continuing to use my married name (she is sending me harassing and threatening emails)?

A: You can sue anyone for anything at anytime for any reason. Would your ex win? I doubt it.
I want to make sure that I understand what you said here.....not just for the OP's sake but because I am curious as well.

Are you saying that the way it was worded indicates that wife's name was already legal changed, and she just hasn't followed through on making the change with the SSA etc.?

Are you saying that if she doesn't want that name change anymore that she can petition to change her name back to the name she wants to retain? (which I know is correct because anyone (adult) can change their name to anything they want)

I would like to point out however that until a name is changed with the SSA, its not "legal".
 

seniorjudge

Senior Member
Q: Are you saying that the way it was worded indicates that wife's name was already legal changed, and she just hasn't followed through on making the change with the SSA etc.?

A: If she has a judgment that says her name is changed, then her name is changed.


Q: Are you saying that if she doesn't want that name change anymore that she can petition to change her name back to the name she wants to retain?

A: Yes, but I quibble with the word "retain". It is another name change altogether.


Q: I would like to point out however that until a name is changed with the SSA, its not "legal".

A: It may not be legal to the SSA, but it is legal to everyone else.
 

LdiJ

Senior Member
seniorjudge said:
A: It may not be legal to the SSA, but it is legal to everyone else.
What I meant by that is that the SSA controls identity in many very significant areas of life.....taxes, social security benefits, passports, etc....and with the new initiatives regarding homeland security it becomes even more significant.

Therefore, in all reality, whatever name the SSA says is yours, is going to control the most significant aspects of your life.

Therefore, I see a judge's order for a name change as official "permission" to make the change, but the change doesn't really happen until its done through the SSA.

The only reason why I am even bringing this up is because I am consistantly running into people whose lives have ended up severely complicated over these issues. Mostly older people who attempt to obtain passports and/or retire and apply for social security benefits...and suddenly have difficulty proving their identity.
 

seniorjudge

Senior Member
I agree.

If you get your name changed (regardless of how it is done) then you need to be able to document that you have told every government (federal, state, local) agency you can think of.

It's a pain....
 

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