New York Divorce Blog

This is a guide for women in New York State who want to change their name back to their maiden name after a divorce.  The first step is that you must be divorced.  You are not going to be able to do this until after the divorce is over.  This not a guide on how to get divorced, which would take far more time and effort than I have set aside today.

In any event, your divorce judgment, which is the piece of paper the judge has signed granting you the divorce, should state that you have the right to use your former or maiden surname.  If you have a lawyer, they should take care of this.  It is standard that this language be in the divorce judgment. If you do not have a lawyer and are preparing the divorce papers yourself, a practice I discourage, make sure whatever forms you are using for the divorce include some language, which allows you to change your name back to your maiden name after the divorce.  The exact language is not important so long as it clearly states that you have the right to change your name back to your maiden name.

Okay, so now the divorce judgment with the proper language has been signed.  The next step is to file the divorce judgment with the county clerk’s office.  In other words, you bring the original divorce papers to the clerk of your county so that it can remain on file.  If you are unsure where the clerk of your county is  do a Google search and it is sure to pop up on the first page.  The reason you must file your divorce is to ensure that your divorce becomes part of the public record.  While at the county clerk’s office filing your original divorce judgment, you should ask for 3 certified copies of your judgment of divorce.  These are copies of your divorce with a large stamp indicating that they are identical copies of the original divorce.  The certified copies cost $5 each for a total of $15.

Now you have everything you need to change your name. The next step is to go to the social security office to change your social security card.  Bring a certified copy of your judgment of divorce as well as your birth certificate.  Tell them you want to change your name because you have just been divorced and they will hand you an application.  Fill it out and hand it to them with the certified copy of your divorce and you will soon get a new social security card

The next place you should go is to the DMV.  Bring one of the certified copies of the judgment of divorce as well as your new social security card.  Bring your birth certificate too just in case but I do not think you will need it. Tell them you want to change the name on your license as you have just been divorced and they will hand you an application.  Fill out the application and give them the second certified copy of your divorce.  The DMV will then issue you a license under your maiden name.

Now you have a new license and social security card.  Think of any other place where you have been issued an id under your married name.  Your new license and social security card should be sufficient proof to change anything else that needs changing, like your passport.  If the new license and social security card are not enough, bring the third certified copy of your judgment of divorce, which should clear up any remaining issues about whether you have the right to change your name.

I hope this helps!

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If you are going through a divorce and if you have children, it is important you think about a holiday schedule.  When people divorce, they typically know that they must come up with a schedule for the children.  But, when thinking of a schedule people usually think of their everyday lives, i.e. when they have work and the children have school or daycare.  However, people also need to think about holidays and special occasions. 

There should be two separate schedules – a regular schedule for everyday life and a separate schedule for holidays and vacations.  The holiday and vacation schedule should trump the regular schedule.  In other words, if the holiday and the regular schedule conflict, the holiday schedule wins.  Otherwise, luck will govern who has the children on important holidays like Christmas and Thanksgiving.  So, if you are getting divorced, try to work out a separate schedule for holidays.  It could be as simple as listing the holidays that are important to you and your soon to be ex and stating that each parent will have parenting time every other year. 

Another approach is that each holiday is divided even (maybe 9-2 and 2-8).  This only works if both parties’ families are close to each other geographically.  The schedule will of course have to be suited to your needs and the needs of the children. 

In sum, if you are getting divorced, do not forget holidays!

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In many New York divorces, retirement accounts are divided.  In other words, one spouse will receive a portion of the other spouse’s retirement account or plan.  This sounds simple, but many times it is not.   Some retirement accounts, such as 401ks, will not let you simply transfer money to your spouse.  The division of the account will require a Court order.  The court order is known as a Qualified Domestic Relations Order, or QDRO for short. 

Because of potential tax and other issues regarding complicated Federal laws, it is not advisable that you do this yourself.   You will need to hire an attorney to do this.  So, when considering a proposal to resolve your divorce, be sure to ask your attorney exactly how long it will take and what it will cost for you to receive money from your spouse’s retirement account.  In other words, ask if a QDRO will be necessary and what it will cost.  In some cases, it does not  make sense, from a dollars and sense perspective, to divide a retirement account.  For example, if your spouse has a 401k with a balance of $3,000.  Under the law, you may well be entitled to half of that account, or $1,500.  However, if the division requires a Court order, which will cost you $2,0oo, obviously it makes no sense for you to sign an agreement which will give you half of that 401k.  You will wind up losing $500. Now, if the QDRO will cost $500, the deal would make sense because you would profit by $1,000.   So, again, it is important that you ask your lawyer if a QDRO will be necessary to divide the retirement and how much that QDRO will cost you.

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Well, the first step is to talk to your ex to see if there is a way to resolve the issue without having to go to court.  If this fails, then you can suggest involving a third party to resolve the dispute.  If your ex is willing to spend an hour with a mediator or therapist, this could help resolve the problem.  Sometimes a neutral party can resolve these disputes.  If your spouse refuses that option, then your only option is to file a violation petition in family court. 

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http://newyorkdivorcenews.com/divorce-detox-7-tips-for-keeping-it-civil/331710/ 

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The most common approach to dealing with cars in a New York divorce is that each party will keep the car they are driving at the time of the divorce.   Under this approach, each party will generally pay the expenses for the car he/she receives after the divorce is over. 

From time to time, divorcing spouses will want to ensure that each side gets the exact same value regarding the division of cars.  In these cases, the parties will determine the value of each car to ensure that one person doesn’t get the better end of the deal.  If, for example, one car is worth $20,000 and the other is worth $10,000 then the person who receives the $20,000 car will owe the other person $5,000 to make it entirely even.  Most couples don’t put this much effort into the issue of cars and go with the approach outlined in the first paragraph.

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Many people ask me if they can have their separation agreement overturned (thrown out of court).  The answer is that it depends on the facts and circumstances of your case. As a general matter, separation agreements are considered valid and enforceable by a Court until somebody can prove otherwise.  If you want to have your separation agreement declared invalid, you will need to show the court that there is a legally recognized reason to do this.   One reason a separation agreement can be set aside is if it was not notarized.  If your separation agreement was not notarized, it should be declared invalid if it is challenged in court.  There are other reasons why a separation agreement can be declared invalid.  If the agreement is unconscionable, which basically means totally unfair and one-sided, it can be thrown out of court.  If you signed the agreement under duress (this basically means you were threatened in some way), your separation agreement can be thrown out of court.  If you are wondering whether you can have your separation agreement set aside, I suggest that you contact an experienced divorce attorney.

For more information visit: Albany,NY Divorce Lawyers

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