My husband is filing for divorce. His attorney contacted me about coming and signing papers. I mentioned wanting it a condition of the divorce that I take back my maiden name. Was told they couldn’t do it because he had retined them but title me I could do in my own. Never heard of this. Sadly I have been divorced before and it was put in the initial request papers that time. His attorney stated that I could do on my own for $20.00. Does any of this ring true. I just wanted it to be done. He wants a quit claim deed in the house but won’t put one line in the divorce summons. Any suggestions?
It is correct that your husband, as the plaintiff filing the absolute divorce complaint, cannot request that you resume your maiden name. You must request this.
You request to resume your maiden name by filing a counterclaim for absolute divorce after you have been served with the complaint. In the counterclaim you ask to resume your maiden name, and be sure to give your full legal maiden name. Then, in the divorce judgment, the judge will be able to order your maiden name resumption.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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