If the persons name on original court order changed due to marriage, do I use the old name on the request for order, or do I add the new mar...

Question

If the persons name on original court order changed due to marriage, do I use the old name on the request for order, or do I add the new married name?

Answer

Even if a party changes their name, the case name doesn't change. e.g. Marriage of Smith or Jones v. Smith. Consequently the caption on the should read the same as before. On the other hand, some courts allow variations to help clarify e.g. Betty Smith (AKA Betty Jones) or Betty Jones (FKA Betty Smith)

Answer

You would always use the original old name that was on the original case caption. But you may want to add an AKA if the name has legally changed due to a marriage.