What happens when one party files for divorce?
What happens when one party files for divorce?
A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested. If the defendant does not file an answer, the case is uncontested.
Does it matter which party files for divorce?
By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. This means the reason for the divorce doesn’t matter. States use to require you to have a reasons to file.
Can your ex wife keep your last name?
After a divorce, you cannot legally force your ex-wife to change back to her maiden name. She has the right to keep your last name. Additionally, discussing what name she will continue to use after your marriage is over during the divorce proceedings can be mutually beneficial.
How hard is it to change your name after divorce?
The process varies by jurisdiction, but in most states, it’s pretty easy to request the divorce court judge to enter a formal order changing your name after divorce. If your divorce is finalized and contains a court order regarding your name change, that serves as an official record of your name change.
Why would a divorced woman keep her married name?
Many women choose to hold onto their married name after a divorce because of their children. Sharing the same last name can make women feel more connected to their children. It can also provide a sense of stability for younger children who will not understand why their mother has a different last name.
Is it OK to keep your married name after divorce?
No matter the reason you have for sticking with your ex’s last name, it is your right under the law. There are also places where you have to indicate in a divorce decree whether you are keeping the married name or not.
Can I revert to my maiden name after divorce?
Changing your name after divorce All you need to revert your ID and bank accounts back to your maiden name after you divorce is your decree absolute and your marriage certificate. Alternatively, you can change your name by deed poll and present this document instead.
Can I just start using my maiden name again?
You can go back to using your maiden name freely until you’ve filled out all the legal paperwork. Choosing to change your last name after a divorce is ultimately a personal preference. Some people want to keep it because they have kids or they wait until they remarry. No matter the reason, it’s entirely up to you.
Can I keep my maiden name and married name?
This is one of the most popular name change trends today, as women can take their spouse’s last name but still keep their maiden name. This can be done in all states except California (unless you list your maiden as your middle name on your marriage license), Ohio, New Jersey, and Washington.
