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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.