I've done several name change applications through the family part after a divorce. I've never had a problem having a judge hear one. In fact, just last year, a judge in Monmouth County granted one to a pro se in my case. There was no publication requirement. So this may be one of those local rules issues.
As to the child, you absolutely have to file in the family part. I know that Chuck knows the case law - so no need to repeat it. I also have done applications to change the parent name and the child name at the same time. There is no procedural bar to this.
Good luck.
asc
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Amy Sara Cores, Esq.
Fellow of the American Academy of Matrimonial Lawyers
Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney
Cores & Nachlinger, L.L.C.
1001 US Highway 9 N
Suite 205
Howell, New Jersey 07731
732 - 414 - 6669 office
732 - 770 - 2341 cell
732 - 414 - 6660 fax
http://www.cnfamilylaw.com http://www.facebook.com/cnfamilylaw Follow John on twitter @njfamlaw
Blog: cnfamilylaw.wordpress.com
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Original Message:
Sent: 07-03-2013 13:18
From: Curtis Romanowski
Subject: Name Change
Once again, I agree with Clara, Chuck. You're going to have to tango.
I will relate that best practices would have such matters placed in family part; another question as to whether the individual judge will accept it. Tango still required; just in a different studio, and the action can't be bundled into your ex-spouse name change application :(
You know... in all the years I've been doing this, I never saw the husband apply to change his name, and I never saw a woman apply to changer her's to anything but her birth name or prior married name.
If I ever get divorced again, I plan to change my name to one of my favorite foods.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585
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Original Message:
Sent: 07-03-2013 13:02
From: Clara Licata
Subject: Name Change
Because if you are not doing it as part of the divorce, you must comply with the requirements of the statute, which include pre and post-judgment publication, notification to the Attorney General, and payment of a $50 fee to the Treasury Department once the judgment is obtained. Further, to change the child's name is a separate action and requires the consent of the other parent.
Clara S. Licaa
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Law Office of
Clara S. Licata, Esq.
55 Harristown Rd.
Suite 302
Glen Rock, NJ 07452
201-612-1170
Fax 201-612-1179
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Original Message:
Sent: 07-03-2013 12:33
From: Hanan Isaacs
Subject: Name Change
I don't see why you would go to Law Div. on an application like this. I agree with William.
Hanan
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 07-03-2013 10:55
From: William Teltser
Subject: Name Change
One motion, in the Family Part (preferably with father's written consent; if not, notice required). I think it is advisable to get two separate orders - one recounting mother's name change, and the other recounting daughter's. Be sensitive to social security number disclosures.
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William Teltser Esq
Livingston NJ
(973)994-0424
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Original Message:
Sent: 07-03-2013 10:33
From: Charles Vuotto
Subject: Name Change
I have a procedural question with regard to a client's post-judgment request to change her name and that of her daughter. The parties were divorced this year. The wife now wants to change her name and that of the parties' child. Is it possible to make both name change requests by way of one post judgment motion in the Family Part? I know that if we were dealing only with the wife's post-judgment name change request, such a motion is possible. I'm not sure, however, that you can also include the request to change the name of the child as well. As to the child, do I need to file this by way of a separate civil name change petition under the name-change statute (N.J.S.A. 2A:52-1) ? Obviously, I would like to be able to file the request for both name changes in one post judgment motion before the Family Part. My preliminary view is yes, since some of the key cases on a child's name change appeared to origiante in the Family Part (i.e., A-112-11 Paul Emma v. Jessica Evans (070071)). Just looking for confirmation.
Any help that you can provide would be greatly appreciated.
Thanks.
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Chuck Vuotto Esq.
Matawan NJ
(732)696-2500
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