How Do I Get a Copy of a Divorce Decree?

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:

The order for divorce would be in the court records at the court that issued the divorce. We suggest you call the clerk of courts at the court that heard the divorce case to inquire about obtaining a copy of the order.

The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a divorce order as proof of name change.

Sometimes a name change isn't made as part of the divorce order. When a person doesn't reside where the divorce was issued, a name change request is typically made in the county of residence. In New York, a person may change their name by filing an action in the County Court or the Supreme Court of the county in which they reside, or, if they reside in New York City, either with the Supreme Court or to any branch of the Civil Court of the City of New York, with appropriate forms.

The court must find that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.

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.