Do I need to be present in the USA in order to request a statement in having my maiden name again?

UPDATED: Sep 5, 2011

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Do I need to be present in the USA in order to request a statement in having my maiden name again?

I am a American citizen and I now live in Serbia. I was recently divorce in the USA but I was not present in the divorce court. My ex-husband and his lawyer handled everything in court and he did not request in the final divorce decree that my married name be dropped. Is this possible to change back to my maiden name without being present in the USA or can I hire a lawyer to handle these matters for me in my behalf?

Asked on September 5, 2011 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not mean to doubt you here I have to ask if you are absolutely sure that the divorce papers do not state that you can use your maiden name?  Most do in some way or another. Maybe around the paragraphs that remove the barriers to remarriage?  And in New York when you take out your marriage license you are permitted to  choose what you want to do: take his, keep yours, take or use both, create a new one for both of you.  Check your license to see what it says.  How you want to handle this if nothing I have stated pans out is up to you.  You can request to resettle the divorce decree adding in that section about your name.  Change you name back.  What ever works easiest.  But I would indeed hire an attorney to help.  Good luck.

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