If my husband wants to request in our divorce that I change my married name back to my maiden name, do I have to?

UPDATED: Sep 29, 2022

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If my husband wants to request in our divorce that I change my married name back to my maiden name, do I have to?

Also, he wants to request that he claim the 3 kids on his taxes every other year. Can he do that if he will be living in another state and only wants them every other Christmas, Thanksgiving and 2 weeks in the summer?

Asked on September 28, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The choice to change or not change your name is completely up to you.  Your husband doesn't get to make this choice.  All you need to do is refuse to sign a decree that has a change that you don't approvae of.
With regard to taxes, usually the person who has primary gets to claim the children, unless the parties agree to a different arrangement.  If the parties want to agree to something differently, then they can.  Because taxes are a federal issue, the judge cannot award this to him in a final decree.  The only way he can obtain the legal right to claim them is if the judge awards him custody or if you agree to allow him the claim.
If he wants the right to claim the children, then there needs to be an advantage for you at some point.  This could be a better deal in property division, a higher amount of child support, or some other plan.... regardless, you have options-- but these are not mandatory.
If you know your husband is going to file and you have limited resources, then start looking for legal aid resources now, so that you will have assistance in defending yourself against his unreasonable demands.

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