As a rule, this question is not the first thing people think of when considering marriage or divorce, but it is a big decision with many benefits or consequences. Besides the social issues, a name change may present logistical challenges that must be overcome carefully and thoughtfully.
Traditionally, a wife changed her last name to her husband’s last name, and that is still the most common choice. Other options exist, including one or both spouses hyphenating their last names to form a new last name.
If you decide to change your name at the beginning or end of a marriage, one of the most important entities that must be satisfied is the Social Security Administration (SSA). Expect headaches come tax time if the name on your tax returns differs from the information maintained by the SSA. To notify the SSA, file a form SS-5, Application for a Social Security Card and submit it with the necessary attachments. Take care to completely fill out the correct forms and include the proper supporting documents.
If you are changing your name pursuant to a marriage, the SSA will require an original or certified copy of your marriage certificate. You can probably get this document from the county clerk in the county where you got married.
If you are changing your name due to a divorce, the SSA requires an original or certified copy of your final divorce decree. You should keep a couple of certified copies on hand, especially if you have children, because it’s practically inevitable that you will need a certified copy at some point. The clerk of court in the county where you were divorced will make certified copies for a nominal fee.
One important note is to be sure to notify your attorney before your divorce is final if you wish to change your name after the divorce. Your attorney should then ensure that the necessary language is included in the final decree to facilitate your post-divorce name change.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
When is Spousal Support Allowed?
Spousal support, also known as alimony, is a payment made by one spouse to the other for support during or after legal separation or divorce. A party can ask the court in his or her first filing to award temporary alimony to help the party meet expenses during the divorce. Similarly, a party seeking a domestic violence restraining order may also seek spousal support.
A judge must consider certain factors before awarding spousal support, such as the ages of the parties, the standard of living of the parties during the marriage, the earning capacity of both parties, and the length of the marriage or domestic partnership. Domestic violence committed by one party against the other may also be considered.
Spousal support generally falls into one of two categories depending on the intended purpose of the alimony. Rehabilitative alimony is intended to help a spouse get on his or her feet financially and usually is limited to a specific amount of time. Permanent alimony may include monthly payments, lump sum payments, annuity payments, or trust payments. Permanent alimony usually terminates upon the remarriage or romantic cohabitation of the receiving spouse or upon the death of either party.
The Law Offices of Judy L. Burger can assist you in pursuing or defending a claim for spousal support. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are in need of assistance regarding alimony, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916) 631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Breaking up in California
At its core, a marriage is a contract. Like other contracts, when one party fails to live up to the agreed terms, the contract can be considered broken and the other party may want out. To be released from the marital contract, you will likely need to pursue one of three actions: divorce, legal separation, or annulment.
As we’ve discussed before, California is a “no-fault” state. To support a petition for divorce, you need only allege irreconcilable differences. If you’ve properly reached agreements regarding child custody and property divisions, you may meet the criteria for a summary dissolution, the quickest of all divorces in California.
The fact that divorce is common does not make it any easier to face. Going through a divorce can be one of the most stressful times in a person’s life and should not be taken lightly. The terms of a divorce can stay with you the rest of your life, affecting your financial stability, existing family relationships, and future family relationships.
While divorce is by far the most commonly used method of ending a marriage, it is not the only option. Some couples have reasons to seek a legal separation rather than a divorce. Some reasons a couple may choose a legal separation include:
Wanting to live apart and get orders from the court about money, property, and parenting issues.
Avoiding a divorce for religious reasons.
Avoiding a divorce because of other personal beliefs.
The couple does not meet the residency requirements to file for divorce in California, and they do not want to wait to put distance between themselves.
Avoiding a divorce because of financial reasons such as health insurance and spousal benefits.
A legal separation is not the same thing as a divorce, and a person who is legal separated cannot get remarried. He or she is still legally married.
The third method of dissolving the marital contract is an annulment. Once annulled, in the eyes of the law, your marriage never occurred. An annulment can be granted due to a circumstance at the time of the marriage that rendered the marriage void as though it never happened.
These are the basics, but here are many more factors to consider when deciding how to best go your separate ways. At the Law Offices of Judy L. Burger, we will discuss your situation and help you choose the best course of action to meet your goals.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are facing divorce, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
As a rule, this question is not the first thing people think of when considering marriage or divorce, but it is a big decision with many benefits or consequences. Besides the social issues, a name change may present logistical challenges that must be overcome carefully and thoughtfully.
Traditionally, a wife changed her last name to her husband’s last name, and that is still the most common choice. Other options exist, including one or both spouses hyphenating their last names to form a new last name.
If you decide to change your name at the beginning or end of a marriage, one of the most important entities that must be satisfied is the Social Security Administration (SSA). Expect headaches come tax time if the name on your tax returns differs from the information maintained by the SSA. To notify the SSA, file a form SS-5, Application for a Social Security Card and submit it with the necessary attachments. Take care to completely fill out the correct forms and include the proper supporting documents.
If you are changing your name pursuant to a marriage, the SSA will require an original or certified copy of your marriage certificate. You can probably get this document from the county clerk in the county where you got married.
If you are changing your name due to a divorce, the SSA requires an original or certified copy of your final divorce decree. You should keep a couple of certified copies on hand, especially if you have children, because it’s practically inevitable that you will need a certified copy at some point. The clerk of court in the county where you were divorced will make certified copies for a nominal fee.
One important note is to be sure to notify your attorney before your divorce is final if you wish to change your name after the divorce. Your attorney should then ensure that the necessary language is included in the final decree to facilitate your post-divorce name change.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form. 
