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aggrivated · Jan 26, 2010, 02:52 PM

My attorney failed to request that my name be changed to what is was prior to my marriage in the Final Decree of Dissolution of Marriage. However, in the Ex Parte Order To Restrict Visitation I am listed as n/k/a and my previous name. The Social Security Administration does not recognize that as a valid change of name since my attorney did not actually request that it be changed with the Court's approval. My driver's license, bank accounts and everything else I have is in my previous name. I am now broke and cannot afford an attorney nor can I get my previous bad attorney to help me with this. Anybody know how to file an amendment with the court to get this changed?

JudyKayTee · Jan 26, 2010, 02:55 PM

What State? In NY when this error occurs you have to actually go through a change of name procedure. A divorce Judgment cannot be amended.

aggrivated · Jan 26, 2010, 03:01 PM

In New Mexico. I have contacted several other attorneys and none of them will talk to me without a letter of withdrawl from my attorney of record on the matter. I have tried to contact her via email and endless unreturned phone calls.

JudyKayTee · Jan 26, 2010, 03:03 PM

Now I'm confused - the divorce is over but a second Attorney needs a letter of withdrawal from the original Attorney? Your relationship with Attorney #1 would die when your need for her services ended - which would be when your final divorce papers were filed.

However, if that's the case I'd WRITE Attorney #1, tell her that you had requested to return to using your maiden name. Tell her you expect her to set things right because it was her error. Send the letter registered mail.