Family problems

My brother recently got divorced and the divorce decree states that his ex-wife was granted her maiden name back. Now she doesn't want to change her name back, can she still legally keep her married name or must she change back to her maiden name?

by Patty360 1 Post
Posted on 5/8/2008 10:13 PM

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Tags: name change

Answers for "Family problems" (4) (You must be logged in to answer)

So what is the situation if there are children involved? Can the ex husband file an order to have her change her name?

by mtnvly 2284 Posts
Posted on 5/10/2008 12:03 PM

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it's judicial discretion (meaning it depends on what judge you are in front of) but if a man is adamant about her not having his name, and there are no children - she will get ordered to change it.

It loosely falls under the marital property law - his name was his prior to the marriage - it's "his" seperate property. He has the right of choice if he wants to push for it.

Only a little more than half the divorces even bring the subject up in court.

You were in front of a judge that was the exception - not the rule.

by spaznskitz 3845 Posts
Posted on 5/10/2008 12:42 AM

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Are you sure? I live in Colorado... and am just kin of lurking on these boards, being reassured that I'm not the only one who was ever caught in a nasty divorce. Anyway, the judge explained to my ex-husband that he could NOT request my name change - that it was solely my choice. My ex-husband wanted me to change my name, however, I chose not to... partly to aggrevate him, I'll admit.

I have since remarried, incidentally, and again, no one can tell me that I have to change my name to my new husband's name. It took me about 1 year to decide if I wanted to (my children have my ex-husband's last name)... and I had no problem changing it once I made that decision.

Also, I'm pretty sure that your "legal" name is whatever you have listed on your social security card.

by Sterling 4 Posts
Posted on 5/9/2008 11:57 AM

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this can be tricky - if HE requested in the divorce that she must change her name back - then she has to - and is in contempt if she doesn't

however

if SHE asked to change her name hack to her maiden name, then it is her choice to do so or not.

I'm a family law attorney

by spaznskitz 3845 Posts
Posted on 5/9/2008 2:32 AM

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