Divorce judgment completely changed my identity

Q. Just after Christmas, I received my divorce paperwork following a trial we had last spring. The decision was about what I expected, except for one surprising part.  As part of the divorce, I had requested to resume my prior name. I just went to the Social Security office and realized the court gave me permission to resume the wrong name.  I don’t know how I didn’t catch this when I first read the papers, but my first name is wrong throughout all of the paperwork – my name is Merissa and the documents all say Melissa.

Social Security wanted to confirm I had completely changed my name – good thing they said something. Obviously, I am not intending to change my first name.  Social Security told me they cannot fix it until I get all of the paperwork corrected.

I don’t have any more money to spend on legal fees, so I hope there is an easy fix for this.  What do you suggest?

A. Because this is a so-called scrivener’s error, you can first try just bringing the documents to the court and talking with someone at the registry office to see if they will help you without the need for a motion.  If you look up Massachusetts Rules of Domestic Relations Procedure Rule 60(a) online, you will see that the court should be willing to fix the error on their own.

Be prepared to show the rule to the person working at the counter as it is an unusual request to ask them to do something without filing a motion.  But the rule does say the court can make the correction of their own initiative. Show them your license so they can see you are actually Merissa and not Melissa and hopefully they can just get it done for you without the need for a motion.

If they tell you they need a motion, you do not have to hire a lawyer for this piece either. But there are some technical things you have to do. This kind of motion is governed by Probate and Family Court Standing Order 2-99 which requires you to title the motion citing Rule 60(a) and specifying the date and title of the document you are looking to correct as well as the name of the judge who issued the judgment. You also have to serve a copy of the judgment with the errors in it when you serve your ex with a copy of your motion.

Email questions to whickey@brickjones.com

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