Authored By: Christopher Pearsall, RI Divorce Attorney
a.k.a. " The Rhode Island Divorce Coach ℠ "
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Resuming a maiden or a former name in a divorce proceeding, whether it is a contested or uncontested proceeding is quite simple.
Many people know that they want to resume a former name at the time they file their initial divorce complaint or their counterclaim for divorce. When you do so there is a section that asks for the relief you are looking for in the proceeding. In that "request for relief paragraph" you simply include a statement that you want to resume your maiden or former name of "SMITH" or whatever it may be.
In the event that you neglect to include the request to take back a maiden name or a former name the court will usually allow you to amend your complaint or counterclaim either by a written or an oral motion to the court requesting that you be allowed to do so. It is usually accepted by most judges in either contested cases or in uncontested/nominal hearing cases.