r5659
New
Reged: 06/25/07
Posts: 7
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I live in California and I am separated from my husband who lives in North Carolina. I am in the process of establishing my 6 months of residency before I can file in California. Is it okay to go ahead and change my last name before I file for divorce?
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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I'd lay low until you've established residency. If you wake the sleeping giant in him, he may file in NC and you'll have to answer it there.
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Mom_of_thee
New
Reged: 08/09/07
Posts: 14
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I am no help but i have a question, How did you manage to separate and him not file yet? Does he still want to be with you? I want to move to TN from WY where we are now but in TN I have to wait 30 days to establish residency and I am afraid that he will file before I can get residency.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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You both need to keep in mind that establishing residency merely gives you the right to FILE for divorce in your new jurisdiction. If disputed, where the divorce is initially filed is only one piece of determining jurisdiction for the case. Others are where each party lives, where the kids live, where you were married and marital residence history.
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r5659
New
Reged: 06/25/07
Posts: 7
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Long story short. The marriage was a bad idea. I moved to California soon after we decided the marriage was not going to workout. He wants me to file in California, because in NC you have to wait a full year of separation before you can file for a divorce. He wanted me to handle the divorce. Everything is civil. There is no children involved.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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Good. Lucky you.
Legally you can change your name at anytime. It is apparently a rigorous legal process but probably less rigorous for a woman entering or leaving a marriage.
No problem doing it now but if you wait to do it as part of the divorce, it will probably find it easier, simpler.
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kent
Platinum
Reged: 06/13/07
Posts: 2976
Loc: a melted glacier
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I do not know in CA - but here in MN my ex wife was told she could change her name for free as part of the divorce process. For some reason she chose not to.
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Today you are You, that is truer than true. There is no one alive who is Youer than You.
Dr. Seuss
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cwag
Platinum
Reged: 07/06/07
Posts: 790
Loc: way down south
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it's a harder decision to make than i thought it would be.
after this long, i feel like if i change my name people won't know who i am, or i'll have to explain it everytime... it's been a very long time since i used my maiden name only. yet i realy don't want to keep it..
i've been using both names for sevaral years on my art.
it's ok in writing. verbally it's a bit unwieldy. i need to make a decision on it...
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there will come a time when you believe everything is finished. that will be the beginning.
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saamrodi
Platinum
Reged: 06/14/07
Posts: 2899
Loc: here
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[quote]No problem doing it now but if you wait to do it as part of the divorce, it will probably find it easier, simpler. [/quote]
true
just do it all at once, it can be put into the divorce decree....
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