29th Jul 2014

In Leggio V. Leggio the court noted that the court’s authority to order a name change in a divorce is governed by N.J.S.A. 2A:34-21 which provides that “upon a divorce from the bounds of matrimony”, a court may allow either spouse to resume any name used before the marriage or assume any surname. Therefore, a name change cannot be granted under a limited judgment of divorce or Divorce from Bed and Board. In such a circumstance, the party must apply for a Name Change pursuant to N.J.S.A. 2A:52-1.

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