NJSBA Family Law Section

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

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Alexandra Conti Esq.
Union NJ
(908)810-8588
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I have done it by motion.

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 05-27-2015 14:17
From: Alexandra Conti
Subject: Post-Judgment Name Change to Maiden Name

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

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Alexandra Conti Esq.
Union NJ
(908)810-8588
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I don't see any reason why you can't do this under the FM by motion. It's not like "This is your last chance... speak now or whatever...). There is nothing to prevent doing just that. There is no "window."

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 05-27-2015 14:24
From: Robert Goldstein
Subject: Post-Judgment Name Change to Maiden Name

I have done it by motion.

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 05-27-2015 14:17
From: Alexandra Conti
Subject: Post-Judgment Name Change to Maiden Name

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

------------------------------
Alexandra Conti Esq.
Union NJ
(908)810-8588
------------------------------

I'm pretty sure you are able to do it via a motion under the FM docket. I was able to obtain a name change for a client without a motion (requested the name change on the record at the end of a post-judgment plenary hearing). At the time of the plenary the parties had been divorced for over 8 years. The judge granted my client's request.

Hopefully this helps!

Armando R. Horta, Esq.

Sent from my iPhone. Please excuse any typos.


Original Message------

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

------------------------------
Alexandra Conti Esq.
Union NJ
(908)810-8588
------------------------------

You should be able to do it easily via motion practice.  Be sure to address the same inquiries you would have to address if the name change was requested at the time of the divorce (i.e., not requesting the change to avoid creditors or criminal prosecution, etc.).

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Louis Ragone Esq.
Stark & Stark, P.C.
Lawrenceville NJ
(609)219-7448
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Original Message:
Sent: 05-27-2015 14:25
From: Armando Horta
Subject: Post-Judgment Name Change to Maiden Name

I'm pretty sure you are able to do it via a motion under the FM docket. I was able to obtain a name change for a client without a motion (requested the name change on the record at the end of a post-judgment plenary hearing). At the time of the plenary the parties had been divorced for over 8 years. The judge granted my client's request.

Hopefully this helps!

Armando R. Horta, Esq.

Sent from my iPhone. Please excuse any typos.

N.J.S.A. 2A:34-31 states as follows:

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.

The "upon or after" language seems to give judges the authority to do it by motion post-judgment. For what it's worth, the Somerset County judges used to grant name change motions all the time while I clerked there. I worked for three judges (Goodzeit, Picheca, and O'Neill), and all were fine with it.

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Andrew Shaw Esq.
Franklin Park NJ
(201)400-6882
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Original Message:
Sent: 05-27-2015 14:17
From: Alexandra Conti
Subject: Post-Judgment Name Change to Maiden Name

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

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Alexandra Conti Esq.
Union NJ
(908)810-8588
------------------------------

Absolutely can be done by motion in the FM later on. All you do is put in the supporting certification the same kind of language you do orally on a put through.


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Original Message------

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

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Alexandra Conti Esq.
Union NJ
(908)810-8588
------------------------------

</http:></mailto:[email protected]>

Hi Alexandra,

It is pretty simple and routinely granted via post-judgment motion.


*N.J.S.A.* 2A:52-1 *et.* *seq.* provides "broad judicial discretion in
favor of granting a name change". A name change will be granted absent a
fraudulent or criminal purpose. See *In re Bacharach*, 344 *N.J. Super.*
126 (App. Div. 2001).


Your client must submit a Certification which states she is not seeking to
avoid creditors, that there are no civil or criminal matters pending
against her, whether she has ever been convicted of a crime, and if so, the
nature of the crime and the sentence imposed, that she has not nor will not
in the near future be filing a bankruptcy petition, and she is not seeking
to use her maiden name for fraudulent purposes. *Olevich v. Olevich,
*258 *n.j.
Super.* 344 (Ch. Div. 1992).

--
M. Blake Perdue, Esq.
*Managing Partner*
Perdue Law Firm LLC
20 Community Place
Morristown, NJ 07960

tel. 973.946.8787
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Original Message------

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

------------------------------
Alexandra Conti Esq.
Union NJ
(908)810-8588
------------------------------

Sounds like apples and oranges to me. That is, assuming "declines to
change her name at the time of the final JOD" means that she declined to
"resume" her maiden name, then N.J.S.A. 2A:34-21 applies and the change
should be through an FM docket. On the other hand, if the request is
"assume" another name (one never held before), then it requires an action
for change of name under N.J.S.A. 2A:52-1. See *Raubar v. Raubar*, 315 N.J.
Super. 353, (Ch. Div. 1998), there the court reviewed the legislative
histories of both statutes.


--

William N. Sosis, Esq.
Sosis Law, LLC
200 Passaic Street, Suite 3
Hackensack, NJ 07601
Web: www.sosislaw.com
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Original Message------

If a party declines to change her name at the time of the final judgment of divorce, but wishes to do so 4 years later, can that be done through the FM docket via motion or does a regular name change verified complaint need to be filed in law division?

------------------------------
Alexandra Conti Esq.
Union NJ
(908)810-8588
------------------------------

I've done it by FM motion and by FM Consent Order (with accompanying
Certification of my client addressing the required points).


Gregory Thomlison, Esq.
Law Office of Stacey D. Kerr, Esq.
650 Washington St.
Suite 1C
Toms River, NJ 08753
Ph. (732) 736-8100

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On Wed, May 27, 2015 at 3:12 PM, William Sosis via New Jersey State Bar


Original Message------

Sounds like apples and oranges to me. That is, assuming "declines to
change her name at the time of the final JOD" means that she declined to
"resume" her maiden name, then N.J.S.A. 2A:34-21 applies and the change
should be through an FM docket. On the other hand, if the request is
"assume" another name (one never held before), then it requires an action
for change of name under N.J.S.A. 2A:52-1. See *Raubar v. Raubar*, 315 N.J.
Super. 353, (Ch. Div. 1998), there the court reviewed the legislative
histories of both statutes.


--

William N. Sosis, Esq.
Sosis Law, LLC
200 Passaic Street, Suite 3
Hackensack, NJ 07601
Web: www.sosislaw.com
E-mail: [email protected]
Tel: 201-755-1355
Fax: 201-781-7855

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us immediately by reply e-mail and then delete it from your system.

I have numerous times done a name change post-judgment under the FM Docket
number, it is a no brainer, like everyone said, just put in a certification
the same info you would have asked on the record about creditors and
criminal prosecution.


Original Message------

Sounds like apples and oranges to me. That is, assuming "declines to
change her name at the time of the final JOD" means that she declined to
"resume" her maiden name, then N.J.S.A. 2A:34-21 applies and the change
should be through an FM docket. On the other hand, if the request is
"assume" another name (one never held before), then it requires an action
for change of name under N.J.S.A. 2A:52-1. See *Raubar v. Raubar*, 315 N.J.
Super. 353, (Ch. Div. 1998), there the court reviewed the legislative
histories of both statutes.


--

William N. Sosis, Esq.
Sosis Law, LLC
200 Passaic Street, Suite 3
Hackensack, NJ 07601
Web: www.sosislaw.com
E-mail: [email protected]
Tel: 201-755-1355
Fax: 201-781-7855

Notice: This e-mail message, together with any attachments, contains
confidential information of Sosis Law, LLC. It is intended solely for the
use of the individual or entity named on this message. If you are not the
intended recipient, and have received this message in error, please notify
us immediately by reply e-mail and then delete it from your system.

Judge Fitzpatrick in Mercer has also permitted a name change several years postjudgment, so long as accompanied by an affidavit making the required representations.



I don't agree that taking a new surname (never used before) requires a separate action be filed, whether at the time of the divorce or afterward (most often comes up in my experience when immigrants want to "Americanize" a name rather than reverting to a surname).  Only if there are pending criminal charges would the applicant have to file a new action and proceed under the name change statute.  I didn't study the Rauber case in detail (amazingly long .. 28 footnotes alone ... on what appears to be such a simple issue), but it concludes:



Likewise, this court must attribute predictable meaning to the ordinary terms of our name change and resumption/assumption statutes. Both reasonably mean what they clearly and consistently read.^[28] Where, as here, (1) a party to a final judgment of divorce seeks to assume a new surname at or subsequent to entry of that judgment, (2) that party certifies to the informational requirements of the name change statute, N.J.S.A. 2A:52-1, (3) the comprehensive record then before the court contains no basis for any factual finding contrary thereto (indeed, contains more information than compliance with the notice requirements ofN.J.S.A. 2A:52-1 and R. 4:72-3 would yield), and (4) the party articulates a credible and lawful purpose for assumption of that particular surname, the court may properly relax the publication requirement of R. 4:72-3 and grant the name change pursuant to N.J.S.A. 2A:34-21, the constructive notice requirement of N.J.S.A. 2A:52-1 notwithstanding. 717*717 Pendency of criminal charges against the applicant requires actual notice to the law enforcement authority responsible for prosecution thereof and reasonable opportunity to respond prior to adjudication of the name change application. Subject to this caveat, however, applications to assume a new surname, in the context of these circumstances, are properly granted contemporaneous to the court's ascertainment of lawful purpose on the part of the applicant.

https://scholar.google.com/scholar_case?case=1720858853318569970

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