Community Conversation => Transitioning => Legal Matters => Topic started by: Taius on March 14, 2015, 03:46:31 AM Return to Full Version
Title: Legal contracts after name change.
Post by: Taius on March 14, 2015, 03:46:31 AM
Post by: Taius on March 14, 2015, 03:46:31 AM
So I'm a young divorcee (Please don't mourn, I'm happier than I ever could have been about this fact. :) The real mourning would be if I had never gotten divorced, LOL ) and in my divorce paperwork, it indicates a few specific things which are a legal contract between myself and my ex husband to be followed through with by both of us.
Well if I change my legal name, will the court still uphold my divorce's stipulations? Can I still bring any breeches of this contract to a family court with a document showing my legal name change, and be granted recompense as I would have previously? (This makes sense to me, but I want to make sure this sounds solid to other people. haha )
Well if I change my legal name, will the court still uphold my divorce's stipulations? Can I still bring any breeches of this contract to a family court with a document showing my legal name change, and be granted recompense as I would have previously? (This makes sense to me, but I want to make sure this sounds solid to other people. haha )
Title: Re: Legal contracts after name change.
Post by: CB on March 14, 2015, 05:57:00 AM
Post by: CB on March 14, 2015, 05:57:00 AM
What country are you in? I think the answer to this could vary significantly depending where you are.
Title: Re: Legal contracts after name change.
Post by: Taius on March 14, 2015, 06:32:25 AM
Post by: Taius on March 14, 2015, 06:32:25 AM
AH. I knew I forgot to mention something, D'OH.
I live in the USA.
I was married in Washington, and the court we've going through to get the annulment is Alaska.
I live in the USA.
I was married in Washington, and the court we've going through to get the annulment is Alaska.
Title: Re: Legal contracts after name change.
Post by: tgchar21 on March 14, 2015, 08:36:35 AM
Post by: tgchar21 on March 14, 2015, 08:36:35 AM
Name changes are not supposed to affect any legal obligations anywhere that I'm aware of (otherwise someone could for example get out of paying back a loan just by legally changing their name). The main issue would be making sure any affected parties are aware of the change.
Title: Re: Legal contracts after name change.
Post by: FTMax on March 14, 2015, 12:42:34 PM
Post by: FTMax on March 14, 2015, 12:42:34 PM
Yes, at least in Virginia. I would be very surprised if this sort of legal precedent was different in another state, as it applies to loads of different situations that are much more common than ours.
A lawyer I met with had me make a list of everything that has my birth name on it, to include any legal documents (I have a will, some power of attorney documents, etc.). All of these things require a copy of the court order for your name change. Some will need a certified copy, others are fine with a photocopy. I imagine you would need to take them a certified copy. They'll update the records and either amend the original or tie the case number from your name change to your divorce documents.
I had to apply for the name change in the same part of the courthouse than handles marriages and divorces, it would be a good question to ask of a staff person there. As awkward as I felt, the workers at mine were very willing to go back and ask the Clerk of the Court all the questions I had.
A lawyer I met with had me make a list of everything that has my birth name on it, to include any legal documents (I have a will, some power of attorney documents, etc.). All of these things require a copy of the court order for your name change. Some will need a certified copy, others are fine with a photocopy. I imagine you would need to take them a certified copy. They'll update the records and either amend the original or tie the case number from your name change to your divorce documents.
I had to apply for the name change in the same part of the courthouse than handles marriages and divorces, it would be a good question to ask of a staff person there. As awkward as I felt, the workers at mine were very willing to go back and ask the Clerk of the Court all the questions I had.
Title: Re: Legal contracts after name change.
Post by: chefskenzie on March 14, 2015, 01:55:32 PM
Post by: chefskenzie on March 14, 2015, 01:55:32 PM
I think it would depend on the stipulations that are in your divorce papers. I would speak with my attorney to be sure of anything before moving forward though.
Title: Re: Legal contracts after name change.
Post by: Jayvin on March 24, 2015, 04:42:34 PM
Post by: Jayvin on March 24, 2015, 04:42:34 PM
I've checked in on this as well. See if you have an LGBT center around you, they tend to have somebody that can offer free legal advice. The one near me (Oregon) told me that legal contracts will migrate over to your new name, but you may need to contact them to notify them of the name change, or at least have the name change paperwork with you if something comes up regarding your identity. Otherwise, you're still the same person, so everything holds.