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Name Change upon Divorce

  • 1.  Name Change upon Divorce

    Posted 01-03-2017 09:58 AM

    Dear listmates -

    Can someone point me to the applicable statute or rule which controls when the Family Court can grant a name change upon divorce and when it cannot? I have a client who wants to take her birth father's surname upon divorce, which has never been her legal name in the past. My complaints in the past have sought name changes to a "premarital or other surname" but recently another client wanted to change her name to a completely new surname and the Court informed us she had to do a name change petition in the civil division unless she was resuming a maiden name. I am inclined to think my current client may have to do the same as the name she wants to use was not her prior name, but I would like to see the actual language of the relevant  authority.

    Thanks!

    ------------------------------
    C. Megan Oltman Esq.
    Princeton NJ
    (609)947-0784
    ------------------------------


  • 2.  RE: Name Change upon Divorce

    Posted 01-03-2017 10:54 AM

    Cant' recall the authority the court cited, but I was in the back of the courtroom waiting for my turn and observing a final hearing and the litigant wanted to assume an entirely new surname. Court granted the request after the usual voir dire.

     

    T. Sandberg Durst, Esq.

    The Durst Firm, LLC

    186 South Broad Street

    2nd Floor

    Trenton, NJ 08608

    609.436.9079 (p)

    609-228-8280 (f)

    www.thedurstfirm.com

     

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  • 3.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:07 AM

    See N.J.S.A. 2A:34-21:  "The court, upon or after granting a divorce from the bonds of matrimony to either spouse or dissolution of a civil union to either partner in a civil union couple, may allow either spouse or partner in a civil union couple to resume any name used by the spouse or partner in a civil union couple before the marriage or civil union, or to assume any surname."

     

    _____________________________________

    Brian G. Paul, Esq.

    Certified Matrimonial Law Attorney

    Szaferman, Lakind, Blumstein & Blader, P.C.

    101 Grovers Mill Road

    Lawrenceville, New Jersey  08648

    Phone:  609-275-0400

    Direct Fax:  609-779-6065

    [email protected]

     

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  • 4.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:13 AM

    Thanks Brian –

     

    I did see the statute, which certainly supports what my client wants to do – Judge Silva in Middlesex told me in a recent uncontested hearing that the Family Court is no longer authorized to make the change other than to a premarital surname, and told my client to file a name change petition in civil division. I can't find any authority for the judge's statement - Could be she was mistaken – but I wondered if I was missing something.

     

    • Megan

     




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  • 5.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:17 AM
    Thanks Sandy. That's what the statute says is supposed to happen!





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  • 6.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:16 AM

    Megan,

    2A:34-21.  Surname

    The court, upon or after granting a divorce from the bonds of matrimony to either spouse or dissolution of a civil union to either partner in a civil union couple, may allow either spouse or partner in a civil union couple to resume any name used by the spouse or partner in a civil union couple before the marriage or civil union, or to assume any surname.

     

    See also:

    Where wife sought an order to assume the surname of her mother as part of a divorce agreement, such relief was unavailable; N.J. Stat. Ann. § 24:34-21 did not permit a party to change his or her name to a name never used previously without complying with N.J. Stat. Ann. § 2A:52-1. Holshue v. Holshue, 265 N.J. Super. 599, 628 A.2d 383, 1993 N.J. Super. LEXIS 695 (Ch.Div. 1993), superseded by statute as stated in Hesson v. Hesson, 392 N.J. Super. 94, 919 A.2d 907, 2007 N.J. Super. LEXIS 121 (Ch.Div. 2007).

     

    Hope this helps.

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 7.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:18 AM

    Megan,

      I think Judge Silva may be wrong. Judges are wrong all the time, just like attorneys. That's why there are appellate courts!

    Best,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




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  • 8.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:35 AM

    Ed – Indeed! I'm wishing I had had the Hesson case to hand at the time. I doubt that client will want to do a motion for reconsideration on this point as she is now out of state and plans to do a name change petition on her own.

     

    Thanks,

    Megan

     

     

     




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  • 9.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:31 AM

    You might also want to review Raubar v. Raubar, 315 N.J.Super. 353, 178 A2nd. 706 (Ch. Div. 1998).

    Hon. Raymond A. Batten (Ret.)

    Archer & Greiner P.C.
    One Centennial Square
    Haddonfield, NJ 08033
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  • 10.  RE: Name Change upon Divorce

    Posted 01-03-2017 11:42 AM

    Thanks Judge!

     

     

     




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  • 11.  RE: Name Change upon Divorce

    Posted 01-03-2017 01:05 PM
    I have a closely related issue in a pending case - the statute is below. I've had many clients over the years assume names they'd never used (for example, changing Huang Li to Rebecca) and add middle or change names. For the first time, a client went to MVC and was told that they couldn't accept an order adding a middle name - that the statute applies to taking any "surname." She was initially going to argue that it really wasn't a middle name, but that she now had two surnames, but has instead asked to amend the judgment to remove the middle name.

    Also, not that it comes up a lot (although, again with immigration cases and foreign names) you can change either party's surname to a new name.


    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222






    The Law Office of
    David Perry Davis
    COUNSELLOR AT LAW
    112 West Franklin Ave
    Pennington NJ 08534-9541
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    Fax: (609) 737 3222
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    December 15, 2016

    Hon. Robert T. Lougy, JSC
    Superior Court of New Jersey
    175 South Broad Street
    Trenton, NJ 08650-0068
    Via Fax: 571-4861

    Re:Daniels v. Daniels

    Docket No. FM-11-368-16A

    Dear Judge Lougy:

    This office represented Loretta Kee (f/k/a Daniels) in a divorce action. A judgment of divorce was entered October 24 and an amended judgment was entered thereafter to correct a typographical error.

    The judgment changes plaintiff's name from Loretta Daniels to Loretta Vanessa Kee. Ms. Kee's maiden name did not include a middle name and she was adding "Vanessa." Her maiden name was simply Loretta Kee.

    Ms. Kee advises that the Division of Motor Vehicles informed her that they cannot accept the name change. I was confused by their refusal and spoke to a representative, who explains (correctly) that while a party to a divorce action can assume any surname, there is no statutory authority to add or modify a middle name. I have retrieved statute, and they are correct:

    The court, upon or after granting a divorce from the bonds of matrimony to either spouse or dissolution of a civil union to either partner in a civil union couple, may allow either spouse or partner in a civil union couple to resume any name used by the spouse or partner in a civil union couple before the marriage or civil union, or to assume any surname. N.J.S.A. 2A:34 21

    Accordingly, I believe the judgment needs to be amended to reflect the name change to Loretta Kee (without a middle name).

    I apologize for any inconvenience this error may have caused. I was certainly educated as to this issue.

    Ms. Kee has a motion pending returnable January 20, 2017. It is respectfully requested that the application should be withdrawn and a second amended judgment be entered stating:

    FURTHER ORDERED that plaintiff, whose date of birth is November 28, 1960 and whose Social Security Number ends in 3591, may resume the use of the name Loretta Kee;

    I thank the Court for its consideration in this matter. Please feel free to contact me at the above email address or telephone number if there are any questions.

    Respectfully,


    David Perry Davis, Esq.

    Cc: <x-tab>    </x-tab>Alvin Daniels     (Via regular mail)
    <x-tab>        </x-tab>Loretta Kee (Via PDF)




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