Spouse's name change and housing market


#1

Hello,

I have two questions–figured it was better to put them both in the same topic.
My wife and I have had a friendly separation, we have a SA signed a year ago after which she moved back to FL (I still live in NC). She wants to resume her maiden name, and wants it to be part of the divorce filing (I’m filing in NC as a pro se litigant since we really have no disagreements to resolve and are both strapped for cash in this economy). I know on some of the court paperwork it states that a name change applies to the plaintiff in the complaint/judgment, but can I write in the complaint that the defendant requests to use her former name? She won’t contest it–she requested I put it in the paperwork–but I guess I want to get a bead on whether it’s plausible.
The second question has to do with the marital home. We already settled taxes, etc. in the SA and said that the house would be sold. Now our realtor is telling us that we might not be able to close a sale at a price we can financially manage because of what comps would appraise for and maybe we should keep the house off the market and relist in the future. So if we decide to revise our home sale plan as stated currently in the SA, would we have to get an addendum to the SA in place prior to the judgment for AD being signed? Or should we be able to make addendums after the marriage is dissolved so long as we both agree and will sign such a document? Also, is it still binding if I had an addendum notarized in NC, sent it to her, and she had her signature notarized in FL, or is that a loophole?

I know that’s not a short post, but I was trying to give a little context… I hope these are Y/N questions I’m asking here. Thanks!


#2

The addendum needs to be completed before the divorce, and yes, it is valid if you each sign before a notary public no matter what state.
As far as the name change is concerned, you can not get that done for her. She will need to file an Answer and Counterclaim to your Complaint and request to resume her maiden name in that document. Alternatively, she can choose to let the divorce happen and then contact the clerk in the county where the divorce was finalized and pay a $10 fee to change her name back.


#3

Thank you for your answer! That helps clear things up.
Regarding the Answer and Counterclaim, is there a specific form for this? Or does it just generally have to be formatted as a motion (e.g., http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Documents/1445.pdf) with the pertinent details filled in? I’d like to have something to send to my wife so the road ahead is clear and she can get her name changed as she requested–and I’d assume that in the same Answer she could waive the time to further respond. Assuming we do the Answer/Counterclaim for this, would I have to make sure this name change stipulation is included in the Judgment that I prepare with the rest of the filing paperwork so everything matches?
Thanks!


#4

An answer is a response to a Complaint. There is no form as each answer is specific in that it answers the allegations in the Complaint.
We at Rosen offer a DIY system for $199.00 per month which offers access to a step by step guide to divorce, all the sample forms, and unlimited access to an attorney who can answer your questions as you go through the process. And yes, you will need to include the name change item in your Judgment which you prepare if she chooses to change it this way rather than through the clerk.