Can I go back to my maiden name if I am currently separated from my husband?

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Can I go back to my maiden name if I am currently separated from my husband?

Can I do this without being divorced?

Asked on November 29, 2011 under Family Law, New York

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

Yes.  This is something that is done pro se in the court.  You do not need a lawyer.  Get the forms and file them with the clerk.  You should get a decree shortly.

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SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though it is common for a married woman to take her husband's name, this is not required or automatic--to do this, she had to legally change her name. And she may legally change it back at any time--any person is allowed to change his or her name whenever they want, regardless of marital status. You just need to apply for and process the name change correctly, the same way you did when you first changed it to your husband's name.


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