Post Divorce Problems

[teddybear]

I have loved my attorney up to this point, however, the first attorney the legal aid attorney asked the court to grant me my maiden name, but the name she requested was my mother's maiden name not mine. My new attorney dropped the ball with this one and I just got a notice from the court with addressing me with my mother's last name as the respondent.  That cannot possibly be legal because it is not my maiden name vs my ex at the property division, alimony and spousal support hearing in December.  I have a call out to my attorney and must admit that I am pissed.  Help me calm down with good advice family.

[livealittle]

your attorney should be able to make a

motion to amend a clerical error


and it should get fixed very easily. In my final divorce decree, one of my kids birthdays was wrong. it was just a typo, but I faxed my attorney the paper with it marked and a copy of the birth certificate showing the date and she made a motion to amend and it was fixed no problem.


this really shouldn't be that difficult. Just get your documentation in order and request that a motion to amend be made.

I didn't have to pay any additional fees.

[Sluggo]

A rose by any name, is still as sweet (Shakespear, paraphrased)

Sounds like a snaffu that your lawyer should be able to fix, don't sweat it, TB.  We know who you are ! 


Sluggo

[teddybear]

Your posts have had a really calming effect on me . . . thank you, Liv and my dear friend Sluggo.

[livealittle]

navigating the waters of divorce is very tricky and when you are already under the tremendous stress of a divorce, every little thing gets magnified 10 fold. Most of the stuff like this is just details and not nearly as big a deal as it seems when it comes in.

In a few years, you will look back at this little error and think "why was I so freaked out over that?" really, you'll get there.

It's ok to feel overwhelmed, all of us here have btdt as far as a divorce is concerned. some of us are still here to pass forward the help given to us when we needed it.

try not to let everything get to you so much.

[teddybear]

Liv, you are absolutely right and I thank you.  I was a bit upset because I had signed an amendment in September to the divorce specifying just that issue regarding my last name etc. and my attorney told me just a couple of days ago that she withdrew the amendment.  Now I get this hearing notice today addressed to me with my mother's last name and I saw red.  Is it legally my last name now?  How can that be?  Can I use both names? 

[livealittle]

Liv, you are absolutely right and I thank you.  I was a bit upset because I had signed an amendment in September to the divorce specifying just that issue regarding my last name etc. and my attorney told me just a couple of days ago that she withdrew the amendment.  Now I get this hearing notice today addressed to me with my mother's last name and I saw red.  Is it legally my last name now?  How can that be?  Can I use both names? 

I think that was an error and you just need to refile the amendment. That name was never yours, right?

if the decree says "plaintiff is returned to her maiden name of 'Hennypennysoup', " and that was not your name, then it is a clerical error and you need to file a motion to amend a clerical error. If I were you, I wouldn't use it but I am not an attorney and don't know if it legal.

[teddybear]

Liv, you are absolutely right and I thank you.  I was a bit upset because I had signed an amendment in September to the divorce specifying just that issue regarding my last name etc. and my attorney told me just a couple of days ago that she withdrew the amendment.  Now I get this hearing notice today addressed to me with my mother's last name and I saw red.  Is it legally my last name now?  How can that be?  Can I use both names? 

I think that was an error and you just need to refile the amendment. That name was never yours, right?

if the decree says "plaintiff is returned to her maiden name of 'Hennypennysoup', " and that was not your name, then it is a clerical error and you need to file a motion to amend a clerical error. If I were you, I wouldn't use it but I am not an attorney and don't know if it legal.

Liv, you are right, that was never my last name, but the legal aid attorney put that in a motion.  Just adds to my disdain for the 'legal aid' system.

[m_t]

It was a mistake. We all make them. It also isn't one that will be difficult to fix.

[teddybear]

Thanks to all that has hung in there with me, I let the stress take over for a bit.  A big ole 'oh well' and move on.  Thanks again.

[teddybear]

My attorney called me today to ease my mind regarding the name change and other stuff.  She said that the amendment was submitted and it is indeed a mistake by the court and it will be corrected.  She told me that I will be cancelled from the ex health insurance but to get COBRA info before the hearing and we will submit that for payment by him.  She told me that he makes 3 x's my fixed income and that fact is glaring.  We will also address the furnishings and the equity in the . . .  Harley , now I can't wait for that one.  I also asked for Dashi, my pet Akita. 

[Wolfy]

It sounds like things are looking up for you a little bit. Good for you.

[teddybear]

Thanks Wolfy.