I've always found the following quote to be interesting: "The common law allows name changes without judicial approval and without a public record of the change. Absent a criminal or fraudulent purpose, an adult can legally and properly change his or her name at will and without need of judicial approval simply by using the desired name in ordinary life. The name change statute provides a more formal means to adopt a new name and provides a definitive and swift procedure for public recordation. However, the statute is to be construed in light of the common law and does not abrogate it." In re Zahn, 424 N.J. Super. 231, 235 (App. Div. 2012) (citations and quotations omitted).
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ANDREW M. SHAW, ESQ.
Divorce & Family Attorney
DeTommaso Law Group, LLC
58 Mount Bethel Road | Suite 303
Warren, New Jersey 07059
[email protected]
t: 908.595.0340 | f: 908.595.0343
www.DeTommasoLawGroup.com
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Original Message------
Ed -
<x-tab> </x-tab>When the issue of a parent not wanting to change their name so they can share the same surname as their child comes up, I point out that there's no legal obligation to take the JOD to MVC, State Department, SSA (etc). You can hold it and use it years later. There's nothing illegal about using a different name so long as it's not done for a criminal / fraudulent purpose. It saves the cost and aggravation (and risk the law will change some day and impose a time limit) on having to come back later.
<x-tab> </x-tab>True quick war story on name changes: I informed a more "colorful" client that she didn't have to go back to her maiden/birth name, that the statute allows her to change it to whatever she wants. I said, jokingly, "you could be Ms. MaGoo if you wanted to be." I kid you not, there is a woman walking around named Hojoung MaGoo. She seriously went with it.
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- Dave
David Perry Davis, Esq.
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At 03:07 PM 1/7/2019, you wrote:
Thanks all for your responses and especially to David Perry Davis for the sample motion.
BTW, my JOD was from 2003...my client wanted to wait until the child was 18....
Best,
Ed
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Edward J. Zohn, Attorney at Law
Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059
908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax
"Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto
www.zohnlaw.com
Recommend Forward Post New Message via Email Ed -
<x-tab> </x-tab>Here ya go. Even included a quick letter brief on ability to do these long after judgment was entered as the divorce herein was 35+ years ago: www.dpdlaw.com/SheeleyMotion.pdf
<x-tab> </x-tab>Parties initially filed a consent order trying to accomplish it, but the court is requiring a motion (so they can get the $50 filing fee).
<x-tab> </x-tab>I'd still have them sign an amended judgment by consent and attach it as an exhibit.
David Perry Davis, Esq.
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www.FamilyLawNJ.pro
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57 Hamilton Avenue -- Suite 301
Hopewell, NJ 08525
Voice: 609-466-1222
Fax: 609-466-1223
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