Q about using married vs maiden names in a legal document

[cantare]

Hello. If I am generating court orders for asset division after divorce, and one spouse reverts to using her maiden name as part of the divorce decree, how does one name that spouse in documents?

Let's say Jane Doe Johnson and Joe Johnson are divorcing, with Jane changing her name back to Jane Freebird Doe. Jane holds assets (under her married name) that are to be split as part of the settlement after the divorce--and thus the name change--are finalized. She will receive portions of Joe's holdings as well.

Court order reads:

"Joe Q. Johnson is awarded XX% of the [Some Named Account] of Jane__________________________"​

and/or:

"Jane__________________________ is awarded XX% of the [Some Other Named Account] of Joe Q. Johnson"​

What name goes in those blanks? Married? Maiden? Both, using some phrase like "formerly/also known as"? Does it matter?

 

[Ohiogal]

Are you an

Hello. If I am generating court orders for asset division after divorce, and one spouse reverts to using her maiden name as part of the divorce decree, how does one name that spouse in documents?

Let's say Jane Doe Johnson and Joe Johnson are divorcing, with Jane changing her name back to Jane Freebird Doe. Jane holds assets (under her married name) that are to be split as part of the settlement after the divorce--and thus the name change--are finalized. She will receive portions of Joe's holdings as well.

Court order reads:

"Joe Q. Johnson is awarded XX% of the [Some Named Account] of Jane__________________________"​

and/or:

"Jane__________________________ is awarded XX% of the [Some Other Named Account] of Joe Q. Johnson"​

What name goes in those blanks? Married? Maiden? Both, using some phrase like "formerly/also known as"? Does it matter?

Are you an attorney?

 

[cantare]

I'm not an attorney (I expect I'd know this answer if I were). I'm a pro se joint petitioner and DIY filer of QDROs & such. I assume there's a simple and entirely standard way of handling these name-change issues, but I don't know the protocol.

 

[stealth2]

I'm not an attorney (I expect I'd know this answer if I were). I'm a pro se joint petitioner and DIY filer of QDROs & such. I assume there's a simple and entirely standard way of handling these name-change issues, but I don't know the protocol.

Uumm... I may be wrong, but.... sounds an awful lot like you're doing legal stuff that can get you in a buttload of trouble unless you're properly licensed...

 

[cantare]

What is it that I need a license for, and why would it matter if I'm an attorney? I'm representing only myself in a matter that directly concerns me.

These are documents that divide marital assets in a manner already agreed to in the divorce petition. They are either court orders (QDRO, RBCO) or inter-custodial "Transfer Incident to Divorce" forms. Preparing the language of these directives is something anyone can do, including the parties involved. Several major custodians even provide DIY templates for the purpose. But in order for the custodian to execute them, the wording must be legally valid and they must be notarized and/or signed by a judge, depending on their type. We're doing it ourselves because the division of assets is straightforward. I want to be sure to get the language right.

So... does anyone have an answer to the question of which names are the proper ones to use in a proceeding that straddles a name-change? I imagined this would be a common situation.

 

[TheGeekess]

I'd use Jane Doe Johnson, since her name change will be part of the decree.

 

[FlyingRon]

You can cover the bases by saying, Jane Maiden formerly known as Jane Married.