February 18, 2013

Name change

The laws in both Massachusetts and New Hampshire regarding a change of name for an adult, are not complicated.  As long as you're not doing so for fraudulent reasons, it's a fairly simple matter.

In Massachusetts, the filing fee and surcharge is $165, the petition is very easy to complete, you publish in a local newspaper, and as long as nobody files an objection, you're good to go.  In New Hampshire, it's equally easy, and the fee is only $90.

In Massachusetts, if you've just gone through a divorce but the divorce is not yet final, it's even easier, and less expensive.  You merely need to file a motion with the court, the filing fee is only $100, and there's no surcharge.

In both states, you can change your name as part of the divorce,with no surcharge, no filing fee, and all you have to do is check off a box on the divorce complaint.  If you haven't checked off the box, many judges will ask you if you want to change your name, at the time of the final hearing.

So -- the process is easy.

The more difficult thing, is deciding whether you should change your name or not.  Today, it's much less important that mother and children have the same last name for purposes of things like schools and doctor's offices.  So the decision comes down to nothing more than personal preference, although you may want to consider the preferences of the children, as well as your own preferences.  Just keep in mind that a change of name only begins with the court order.  Once you have that court order in hand, you need to deal with the registry of motor vehicles, social security, IRS, credit card companies, insurance companies, and banks.


February 08, 2013

Facebook, Twitter, and Divorce

If you are in the midst of a divorce, the rule regarding facebook, and twitter, is very simple....

DON'T    DO    IT

Removing your soon-to-be ex-spouse from your friends list, is not enough.  Removing that person's friends from your friends list, is not enough.

Trust me, I have seen it time and time again...
In the best of circumstances, I'll get an email or a telephone call from a client, letting me know that a friend of a friend of a friend, came across a post on facebook, or a tweet, that can be detrimental to the other side.  Sometimes, the source of information isn't even a friend (or a friend of a friend) of my client... but a friend of the poster/tweeter, who just wants to 'rub it in'.
In the worst of circumstances, I'll get a call or a letter from the attorney for the other side, referencing something that my client posted...  something that is detrimental to my client.

Sure, it's possible to remove a post, but once the damage has been done, it's difficult to undo it.  If even one person saw the post, and is willing to sign an affidavit, or testify, removing the post doesn't solve the problem.

And while I know we can't always control our family and friends, even well-meaning friends and family can cause damage.

Divorces can be difficult, there's no need to make them more difficult.  Having to explain to the court why there is/was a picture online, of you walking out of bar on the day you couldn't pick up the kids because you were at work...  doesn't make you look good.  Having the other side submit a picture of you and the children at a playground on the day you denied visitation because one of the kids was too sick...  doesn't make you look good.  Trying to explain to the judge that you didn't mean it, when you posted that you'd trashed the other side's possessions, that you now claim you didn't have --  well, it's a problem.

Yes, we've all gotten in the habit of 'venting', and getting out our frustrations by posting on Facebook, or Tweeting on Twitter, or even writing on our blog.
But while the divorce is going on...  Just Don't Do It.


Passports and Children


Contrary to what you might think from talking to your friends and reading the news, most divorces have at least a basic level of civility, and both parents put the interests of the children, first.

However, if you are in one of those situations where there is no civility, there is no communication -- or worse, there is only hostile communication, and you have concerns about your spouse's/former spouse's intentions with regard to the children, you might be interested in this link.
Passports and children

The US State Department has established the Children's Passport Issuance Alert Program  (CPIAP).  This program allows a parent  (or both parents) to register children under the age of 18, in the Department's Passport Lookout System.  Completing, and submitting  this form results in the Department notifying you if a passport application has been submitted, or if a passport has been issued.

Note...  if a passport has already been issued, CPIAP does not prevent the passport from being used.  There is no way to track the use of a passport, once it has been issued, since there are no exit controls for people leaving the United States.  If your child already has a passport, and the other parent is not willing to agree that you can have sole possession of the passport, you should ask that either the court, or one of the attorneys, hold the passport.   It is always possible to request a duplicate passport, of course, except that now the CPIAP protection kicks in.