It is common in divorce proceedings for the former wife to change her surname. The law allows her to adopt any surname, not just her maiden name, as long as it is not being done for fraudulent purposes or to avoid creditors or criminal prosecution. Recently, there has been an increasing number of cases wherein the mother wishes to change the last name of the parties children. A recently decided unpublished opinion sets for the procedure for such a request. The criteria for such a request are different and more stringent than when the spouse is seeking to change their own name.
FAMILY LAW 20-2-0109 Fleury v. Fleury, App. Div. (per curiam) (10 pp.) Defendant appeals from the trial court order denying his motion seeking reconsideration of the court’s order granting plaintiff’s request, as part of her final judgment of divorce by default, to change the surname of the minor child born of the marriage to her maiden surname. Although fully aware that plaintiff’s divorce complaint had not sought this relief and that defendant was entitled to notice and an opportunity to be heard, the judge granted the relief to plaintiff. Defendant also appeals the denial of his request to stay enforcement of the child support order. The court denies defendant’s application to stay enforcement of the child support order as without merit. The order changing the surname of the minor child is reversed and the matter is remanded for further proceedings because the application is contrary to Rule 4:72-1, which requires the filing of a verified complaint, and Rule 4:72-3, which requires publication of the notice of application in advance of the hearing and that notice be served by registered or certified mail, return receipt requested, upon defendant, and defendant was denied the opportunity to challenge the allegations supporting the application.
