Is it against the law for someone to continue using their married name when they have been ordered by the divorce decree to change it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it against the law for someone to continue using their married name when they have been ordered by the divorce decree to change it?

My husband’s ex-wife and I have the same first and last name. She was ordered by the divorce decree to change her last name back to her maiden name, which she has failed to do despite promising she would do so. This has caused problems for me with her receiving my mail and her info showing up in my credit file. I have spent many hours trying to fix this problem but am at a loss of what to do.

Asked on July 28, 2010 under Family Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You say that there is an actual legal order--the divorce decree--ordering your husband's ex-wife to change her name and go back to using her maiden name? If there is, a party to the divorce decree--your husband--may well have grounds to bring a legal action to enforce the decree and make the ex-wife change her name.

Note I believe that it would have to be your husband, as party to the decree, and not you directly who would have grounds to enforce this order. (You were not involved in the divorce and had no legal standing vis-a-vis it.) You and your husband should consult with a divorce or family attorney to see what your rights and remedies might be. 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption