If my divorce states that I change back to my maiden name, am I obligated to do so?

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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 9 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.


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