preventing use of surname

What is the name of your state? New jersey My fiance asked for his ex wife not to be allowed to use his surname in his original divorce papers. When the divorce was final the judge made no mention of his request for his ex not to use his surname and there is nothing about it in his final divorce papers. What do we do now to prevent her from using his last name-her married name. She is still using credit in her married name and also finding out information on him posing as his wife. We have a pending law suit against her and her insurance company. She hit him with her car and he susutained major injuries. Please help!!!!!! Can he sue her to not use his last name? in reference to the law suit she has been posing as his wife to gain access to his med records, calling docs and lawyers

Unless it's for fraudulent reasons, any person can use any last name they like. There's likely not much he can do about it.

It's more likely that a judge will tell her to cut the crap (i.e. posing as his wife) than make her change her name. I don't know what the car accident/suit has to do with anything, to be honest.

venus72
It is she, the ex-wife, who had the right to ask that her maiden name be restored after the divorce. Apparently, she chose to keep her name as it was; it was her choice.

The issue about medical records is one of the patient's right to privacy and your fiance should make certain that his medical providers understand they are to release information about him to no one without his written consent.

She is going to have access to the information in his medical records through some avenue as she is the one who will be held liable for any damages to him as a result of her hitting him with the car, unless of course it wasn't her fault that he was hit by the car she was driving. Her insurance company or her attorney will have your fiance's records and she will be privy to the information from his medical records.

EC

I know the feeling... wish there was a way to make these kind of women let go. My ex-wife is still in wonderland believing she still has a right just because she uses my last name. Get over it it's been 4 years from our divorce!!!! Someone make a law for this problem!!!

Just a thought

Perhaps the new law can read that when Men marry women they will give up their name and take the woman's name. Because of the "name lineage game" female babies are left by the thousands in orphanages in India and China. They are deemed worthless primarily because of their inability to "carry on a name". Consider yourself priviliged. It takes a woman a lot of crap to first take on one's name - and then if divorcing to get rid of it. I doubt many men even realize the trouble that a woman must go through - while it may not be illegal to use any name you like unless it is for fraudulent purposes - I hardly think most women do it out of spite. You must notify everybody (creditors, banks, driver's license, Social security and so on) Many women I understand keep the name because it is their children's name. This discussion hit a sore spot with me. Sorry to vent. Further, I guess it bothers me because it seems that men are insulted if their name is not taken or wanted at the beginning of marriage - so why should they be insulted when the woman "wants" to keep it?

Idea...

Maybe your fiance should change HIS name. Then he can go through the aggravation of changing ALL his personal records to his "new name". It's no different than having his ex change her name. I'm serious. When my ex and I were divorced I kept my married name to match our children's name. But my ex quickly remarried and both of them changed their names to something completely different! So much for my my ex wanting to carry on the "family" name.

I like that idea, cyana - solves the problem quite neatly. I took my ex's name when we married, even though it's not his "real" name (it was changed years earlier). When we got divorced, I kept the same name (tho I would prefer to return to my maiden name) because we have two kids. There are VERY few last names that are so uncommon that there aren't several Msr. XYZ's running around.

stealth2 said:

I like that idea, cyana - solves the problem quite neatly. I took my ex's name when we married, even though it's not his "real" name (it was changed years earlier). When we got divorced, I kept the same name (tho I would prefer to return to my maiden name) because we have two kids. There are VERY few last names that are so uncommon that there aren't several Msr. XYZ's running around.

Click to expand...

Lol. Most people have never heard of such a thing as a father changing his name to one different from his kids. I have a rare, but simple, married name myself. In fact, the only folks with my last name in the state of DE and my children and myself. My ex's father died recently, so the only one to carry on the "family" name is my son. I am going to (jokingly) suggest that my son (who turned 18 today!) change his last name because of his father's utter lack of respect for "tradition".