Antioch, TN asked in Family Law for Tennessee

Q: does it cost extra in a divorce to ask for my name back? my hubby had papers drawn up but i wont sign, until he adds it

he states it costs more to go back and add because it will have to go in front of the judge. he wants me too sign saturday at a notary at the bank. is this legal not to sign in front of his attorney?

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1 Lawyer Answer
Megan R. House
Megan R. House
Answered
  • Cordova, TN
  • Licensed in Tennessee

A: I'm not sure what you mean when you ask if it's legal not to sign in front of his attorney, if the paperwork just has to be signed and notarized then you can sign in front of any notary. I practice in Shelby County, and in this county, there is no additional cost to ask that the court restore the wife to her maiden name. Further, if he is the plaintiff, after the papers are signed, he will have to go before the judge to ask the judge to grant the divorce, and thus finalize it. That is usually when a party would ask the judge to restore the wife to her maiden name. It does also need to be in the divorce decree. While I cannot tell you what you should do in your specific situation, as a general rule, if you do not feel comfortable signing something, then do not sign it.

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