What to do if my fiance wants to get a divorce from his ex-wife d she has agreed to sign the papers but she wants to change their son’s last name to her last name?

Can this be put into the divorce papers if he uses a lawyer that will go to court for him for his divorce.

Asked on January 6, 2013 under Family Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written, your fiance' as a condition of settling his marital matters can agree that his child's surname can be changed. However, the soon to be "ex" still needs to file a petition with the court to change the child's name and go through the proper process with required notice and publication.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.