How doI go about getting a cease and desist order to have my ex-wife stop using my last name?

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How doI go about getting a cease and desist order to have my ex-wife stop using my last name?

I was divorced 1 1/2 years ago. The court ruled that my ex-wife would no longer used my last name and return to her maiden name. She is now doing business still using my name. How should I go about obtaining a cease and desist? And does it need to go through the courts?

Asked on August 4, 2011 New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a court order--e.g. a ruling--that you ex-wife must stop using your name and revert to her maiden name, that is enforceable. You can go back to court and seek an order compelling her to do this. If she then continues to ignore the court order, she will face sanctions--including, potentially, jail time for contempt of court.

Unfortunately, there is no way to enforce a ruling or court order except through the courts--there is no way for a private citizen to enforce them. Best would be to retain and attorney to enforce this for you, though if you can't afford an attorney, you could represent yourself (file pro se); contact your local court clerk's office to inquire into the instructions, forms, etc. for doing this.


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