Can my husband force me to change back to my maiden name at our final divorce hearing?

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Can my husband force me to change back to my maiden name at our final divorce hearing?

I don’t want to change my name back to my maiden name because my 3 children do not know my maiden last name.

Asked on December 22, 2011 under Family Law, Michigan

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No. By taking his last name you decided to legally change your name to his last name. The use of this name is not dependent on whether you remain married to him or not and you are entiled to keep that name for as long as you wish. The only proviso is that you cannot represent yourself as his wife by using his last name to obtain credit cards and other things to which he may be affected. The Judgment of Divorce merely allows you to change your name back to your maiden name if you wish without the need for a formal name change application through the court. This is not the case in the case of an annulment but that does not apply to your case.  


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