Q: I am getting a divorce. My wife requests restoration of her maiden name. They kicked the Affidavit back citing CCP 3947.
The form says: "CCP 3947 name confirmation may be requested by the wife's exparte motion and order". They didn't tell me what they were looking for. Would her birth certificate be the answer?
A:
La. CCP Art. 3947(B) states:
B. The court may enter an order confirming the name of a married woman in a divorce proceeding, whether she is the plaintiff or defendant, which confirmation shall be limited to the name which she was using at the time of the marriage, or the name of her minor children, or her maiden name, without complying with the provisions of R.S. 13:4751 through 4755. This Article shall not be construed to allow her to amend her birth certificate with the Bureau of Vital Statistics.
In other words, the judgment of divorce or another court order, would need to be signed by the judge allowing her to resume the use of her maiden name. An attorney can help prepare the necessary pleadings to accomplish this for an affordable cost. Give me a call, and I'll be happy to discuss further.
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