Name listed different on Consent Order

My stbx and I separated in January of 2019. In June of 2019, my stbx and I attended mediation and eventually reached an agreement on dividing assets, child custody, child support and my attorney had it written up as a consent order, which my stbx and I both signed and the judged signed as well making it a court order. My name listed on the consent agreement/court order is listed as my first name the my maiden name and then my married last name (example…Sally Doe Smith) However, my legal middle name is not my maiden name but my middle name given to me at birth (example…Sally Sue Smith). Now that we’ve been separated over 1 year and 1 day, I am filling out the paper work to file for the divorce and when it asks if I want to change my name and I want to change my legal name to my first, maiden as middle and current last name (example…Sally Doe Smith) but will that cause any issues since technically the consent order completed last year already has my name listed this way?

To save money, I’m completing the forms and filing for the divorce myself. When completing the forms to file for the divorce, should I list my name as plaintiff as my legal name now (Sally Sue Smith) or how I want it to be when changed (Sally Doe Smith)? I know this may be confusing or I may be over explaining it but I don’t want any issues.

Thank you for your help!!

No, this should not cause any problems with your absolute divorce. In your absolute divorce complaint, you should list your name as plaintiff as your current legal name. Then within the complaint, you should state that you wish to resume your maiden name (i.e. your full legal maiden name) and state what that is (first middle last).

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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