If my final court date is 2 years away, can I legally change my last name before my divorce is finalized?

I have been separated from my husband for 2 years and my final court date is not for another 2 years (due to our county court system being overwhelmed with cases). I’m pregnant with my boyfriend’s child and want to take on his last name. Is this possible to do before my divorce is finalized?

Asked on June 8, 2012 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your child's name really is not dependent on your name in terms of the last name. You would be able to change your name on your social security card and your drivers license by going to social security and then the DMV. This will allow you to have your maiden name. In terms of taking on your boyfriend's last name, you still might be able to do that but keep in mind that if you are only doing so for your child, your child's name is not dependant on your name.  If you simply wish to take on his last name, you may need to check on any state law limitations for changing your name to not just your maiden name.


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