Can you keep your marriage name after divorce?
If you are going to keep your married name, you need to say so in the divorce decree. There will be a question that asks if you would like to retain your married name, or be known by your maiden (or former) name. It is your legal right to keep your married name, even after your husband has moved on.
Can I change my last name while separated?
Brette's Answer: You can use your maiden name at any time you want. To change it on legal documents such as a driver's license, Social Security card, or passports though you need a court order, which usually happens in your divorce decree.
How do I go back to my maiden name after my husband died?
How to Return to a Maiden Name After the Death of a SpouseTo familiarize yourself with the process of reclaiming your previous name, review general information on legal name changes.Find or obtain a certified copy of your birth certificate. Download or pick up a petition form from the court, and complete it with all required personal information.
Can a married woman legally use her maiden name?
Although a married woman may continue to use her maiden name as a professional name, it is, in the eyes of the law, an assumed name. ' She is required, therefore, to use her married name in any transaction that by law must be conducted under her legal name.
Can a man take a woman's last name in marriage?
These days many women keep their own name when they marry, and couples are increasingly opting for a double-barrelled or merged name. But men who take their wife's surname are still quite rare. A few female teachers had changed their last names when they got married - but never a man.
How many husbands take their wife's last name?
The opposite—a man taking his wife's name—remains incredibly rare: In a recent study of 877 heterosexual married men, less than 3 percent took their wife's name when they got married.
What name comes first husband or wife?
John Doe”, the wife's name is ALWAYS first when using first names: “Jane and John Doe” (1). In social importance, the woman is always first, then males, then children. Traditionally, the man's first and surnames are never separated. The confused idea of the man's name first (John and Jane Doe or Mr.
Why should a wife take her husband's name?
Many name changers acted between these two poles of male power and women's resistance. But it seems taking the husband's name is also seen as being a good way to show others this is a “good family”. As Claire says “I would like [others] to know that we were a family and I think names is quite a good way of doing that”.
What forms do I need to file a civil lawsuit in California?
When you file a lawsuit, you will usually file a petition or a complaint. You also will almost always need a summons. And, in most civil cases, you will need a Civil Case Cover Sheet (Form CM-010).
What does a plaintiff need to sue?
To begin a lawsuit, the plaintiff must file a complaint and a summons in the appropriate court. These are two separate documents. The complaint sets up the reasons for the lawsuit by describing what the defendant did wrong (breach of contract, for example).
Can a process server serve you at night?
A process server can serve you during at work during work hours, at your home during dinner, at the airport in the middle of the night or even at your child's baseball game except on Sundays of course. There is really no rule prohibiting them from a place or time except Sundays.
How much does a private process server cost?
The national average is $45 - $75. Same-day or rush serves are typically billed at a higher rate. The cost of a routine serve (a serve that is first attempted within 5-7 days of receiving the papers) can be as low as $20 and can go up to $100, but the national average is somewhere between $45 and $75.
Will a process server call you?
Process servers will call you, but they won't threaten you over the phone. A process server is always paid by the party hiring them to deliver legal documents. After all, process servers do call individuals and go to their homes with legal documents, but their tactics will not involve bullying or scaring you.
Can you be served by text message?
With people in the United States relying heavily on cell phones and text message technology, text messages offer a unique method for serving process. Text messages would be useful for serving a defendant when the defendant cannot be located. In addition, unlike e-mail, text messages do not require In- ternet access.
Do process servers work on weekends?
It is completely legal for a private process server to serve papers on any day of the week, including Saturday and Sunday. Most often private process servers will attempt service on any day of the week other than Sunday.
How do I know if a process server is legitimate?
Process servers should be polite to the people to whom they're serving papers, and should never bully, threaten, or intimidate them. A legitimate process server who has been properly trained will not threaten or bully the person they're trying to serve.
How do Process Servers work?
A process server's principal job is to deliver or “serve” legal documents to a defendant or person involved in a court case, but they also provide a variety of other services such as filing court papers and document retrieval.
How do you legally serve someone?
There are three ways to serve the claim: Have the Sheriff in the courthouse closest to where the Defendant lives or works serve your claim. If the Defendant lives in another County you must contact that County's Sheriff Civil Process Unit to determine what their process is to serve court papers. The Fee is $40.
What happens if your summoned to court and don't go?
It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you. The court could decide that you have to pay money or that you must stop doing something.
How do you personally serve legal documents?
The person serving the document by hand must identify the person being served and provide a copy of the document to the person served. If the person to be served refuses to take a copy of the document, the person serving it may put it down in the presence of the person to be served and tell the person what it is.
Can court papers be served to a family member?
Family members and significant others (boyfriends/girlfriends) cannot serve the documents. You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee.
How do you know if someone has been served?
Several days before the summons Return Date, contact the Clerk's Office, the Sheriff's Office or other person authorized to serve process (licensed detective) to determine if your complaint and summons were delivered/served on the defendant(s).
How do you serve someone for divorce?
Typically, you'll need to ask a third person—someone not involved in the divorce case—to serve your spouse....The server can be:a friend, relative, or coworker.a county sheriff or marshal.a professional process server, or.anyone over 18 who isn't part of the divorce case.
Can a process server serve a spouse?
This is called Substitute Service, which in most states is allowed and is as good as PERSONAL SERVICE. This means that your spouse, roomate, or even an adult child can be served with papers in your case.