1. Change of surname after divorce: N.J.S.A. 2A:34-21: The court, upon or after granting a divorce from the bonds of matrimony to either spouse, may allow either spouse to resume any name used by the spouse before the marriage, or to assume any surname.




2. Action for change of name: N.J.S.A. 2A:52-1, -4.




3. It is generally accepted that it is better to go to court with an attorney [if you want my assistance, please call me to schedule an appointment — I can be reached by telephone at (908)486-2200; or by Email]; however, if you want to do it yourself, the court has made available two sets of information packets: How to Ask the Court to Change Your Name (Adult); and How to Ask the Court to Change the Name of Your Minor Child (Under Age 18).




4. The non-custodial parent or secondary caretaker bears the burden of demonstrating by a preponderance of the evidence that despite the presumption favoring the custodial parent’s choice of name, the chosen surname is not in the best interests of the child.




5. N.J.S.A. 39:3-9a: DMV must be notified within two (2) weeks after a name change.




6. Informing the Social Security Administration of a name change is simple – file Form SS-5 at your local SSA office.

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku.

Name Change Issues originally appeared on NJ Family Issues on July 18, 2009.

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There is a strong presumption in favor of the surname chosen by the primary caretaker regardless of the caretaker’s gender, because the naming of a child is, like other decisions, properly left with the primary caretaker. Gubernat v. Deremer, 140 N.J. 120, 142-45 (1995). Therefore, the non-custodial parent bears the burden of establishing by a preponderance of evidence that the presumption in favor of the primary caretaker’s choice of name is not in the child’s best interests. Id. at 145.

In J.S. v. D.M., 285 N.J. Super. 498 (App. Div. 1995), the mother was the primary caretaker of a child born out of wedlock. The father moved to change the child’s surname. The trial judge ordered that the child’s name and official birth record be changed to make the father’s surname the child’s middle name. The father appealed, and we affirmed on the basis of Gubernat, supra, 140 N.J. at 120. Moreover, in Ronan v. Adely, 182 N.J. 103 (2004), the Supreme Court reaffirmed the Gubernat standard in a name change dispute, stating:
When the primary caretaker seeks to name or, as here, change the surname of a child, there is a presumption in favor of the primary caretaker that the name selected is in the best interests of the child. That presumption may be rebutted by proof offered by the secondary caretaker that the name change is not in the best interests of the child.
[Id. at 111-12.]

[See related Blog Post, published in the New Jersey Family Law blog.]

[See additional information about name change procedures HERE]

The non-custodial parent bears the burden of establishing by a preponderance of evidence that the presumption in favor of the primary caretaker’s choice of name is not in the child’s best interest originally appeared on NJ Family Issues on July 8, 2008.

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Your birth certificate states that your first name is Pawel; however, all your other legal documents state that your first name is Paul — now, thanks to the terrorists, the N.J. Motor Vehicle Commission will not renew your Driver License; what to do? Probably, the answer is to change your name, legally — for more information, go HERE.

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, NJ.

What is your name? originally appeared on NJ Family Issues on September 10, 2007.

When a divorce action is abated before the entry of a final judgment of divorce by the death of one of the parties, the court still may grant a name change to the other party.

NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.

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When a divorce action is abated before the entry of a final judgment of divorce by the death of one of the parties, the court still may grant a name change to the other party originally appeared on NJ Family Issues on April 30, 2007.