Massapequa, NY asked in Divorce for New York

Q: As per the stipulation of settlement ex was supposed to relinquish married name

As per my stipulation of agreement my ex was to relinquish her married name. The divorce is done, certificate issued. She is still using her married name. What can I do how do I fight this. Even went so far as to make it an additional stipulation that she not get the escrow money from the sale of the house till proof of the name change has been shown. When asked she said I can not make her change her name but it was a stipulation of the divorce she signed.

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: Absolutely nothing. She MAY resume the use of her maiden name but nothing can force her to do so.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Without seeing the stipulation that specifically requires her to resume the use of her maiden name it is hard to answer the question. If there is such a stipulation you can try bringing an enforcement action but I don't know if a judge will actually order her to resume the use of her maiden name. On top of that you may have a hard time with knowing when she uses her married name and when she uses her maiden name. The best leverage you have is with holding the escrow you spoke of till she gives you some proof.

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