Can a husband request that his wife return to her maiden name during a divorce hearingif thewife has waived the need to appear and did not sign the request?

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Can a husband request that his wife return to her maiden name during a divorce hearingif thewife has waived the need to appear and did not sign the request?

Yesterday my husband when to court for the final divorce hearing. I waived my need to appear when I signed the papers. I did not sign a request to restore my maiden name. He informed me today that he requested it. Is this possible and is it mandated that I do? He stated that a certified letter would be coming in about 2 weeks and at that time I would have to change my name. Can he do this?

Asked on March 9, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The short answer to this is no, he can not make you change your name back to your maiden name.  He can ask the court - on your behalf - to allow you to resume your maiden name so that you can do so if you wish.  But legally it is your name too.  You sis not have to take it to begin with.  And you do not have to give it up.  SHow the letter to an attorney when you get it to make sure that everything is on the up and up.  Good luck.


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