How can my mother-in-law obtain her divorce papers and change her name legally?

Full question:

My mother-in-law obtained a new birth certificate from Puerto Rico which has her birth name. All of her identification has her married name. She has been divorced for many years but her deceased ex-husband never gave her a copy of the divorce papers. She is trying to get identification with her maiden name but need a copy of the divorce papers.How can she obtain a copy? A 2nd issue is that she also has always used a nickname given to her by her parents and would like to legally change her identification to allow her to use that name.

Answer:

To obtain a copy of the divorce papers, your mother-in-law should contact the clerk of courts at the court that issued the divorce. They can provide information on how to request a copy of the divorce decree.

Regarding the name change, it can occur due to marriage, divorce, adoption, or personal preference. Generally, you cannot change your name for fraudulent reasons, such as to evade debts. In most cases, a legal name change is done through a court order, which is recommended and often required by states. Sometimes, a name change is included in the divorce order. If she does not live where the divorce was issued, she may need to file a name change request in her current county of residence.

In New York, for example, a person can change their name by filing an action in the County Court or the Supreme Court of their county, or in New York City, with the Supreme Court or any branch of the Civil Court of the City of New York. The court must determine that the name change is in the public interest. A name change cannot be made to avoid legal obligations or debts.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your dad isn't on your birth certificate, it typically means he wasn't present at your birth or didn't acknowledge paternity. This can affect legal rights like inheritance or custody. If you want to add him, you may need to establish paternity through a court or DNA testing. Each state has its own rules regarding this process, so it's best to consult local laws or an attorney for guidance.