If my divorce states that I change back to my maiden name, am I obligated to do so?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my divorce states that I change back to my maiden name, am I obligated to do so?
I was divorced last year. If I do after go back what is the time limit? What are the consequences if I choose not to? It’s been my understanding that this entitles me to change it but does not obligate me to.
Asked on August 26, 2011 Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most final marital dissolution decrees, the woman who took the surname of her former husband can elect to have her maiden name restored to use, or some other name to use, or keep her married name. The decision as to the use of a particular surname by the woman at the end of the marriage and for future use is entirely up to the woman.
If you have a final marital decree stating the surname that you intend to go by, but have changed your mind as to it, you can possibly file another petition in your dissolution proceeding seeking to have the court allow you to have another last name to use in the future if that is your desire.
People do name changes all the time even when they are not going through a divorce. A change in name is up to the person's particular desire at the time.
Good question.
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.