In an annulment situation, can the “ex-wife” still use the “husband’s” last name?

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In an annulment situation, can the “ex-wife” still use the “husband’s” last name?

I am filing for annulment from my wife. She lied about her past; she was check into a mental institution. During the time that we were together I had to stop her twice from taking her life. She is out now and she is saying that I can never take back my last name from her. Is this true? Also, she has a daughter not by me, and she is changing her last name to mine. She then tries to threaten me with child support. Can she file for child support if her daughter’s last name is changed to mine? Will an annulment change her back to her maiden name and give me back my last name so she can’t defraud me?

Asked on December 7, 2010 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would seek consultation from an attorney in your area on this a soon as you can. Why do you want to file for an annulment?  A divorce may be faster and easier.  If you need one for religious reasons that is a different process all together anyway.  In the divorce papers you can ask that your wife be granted her maiden name back (it is standard anyway).  But sometimes people maintain there married name as well.  I would ask your attorney how your state handles the matter if you object to her using it.  As for the child, was she born during your marriage?  Then you need to ask for a paternity test so you do not pay child support.  If she was born prior to your marriage generally you do not have to pay support but the state does sometimes order it if a child was to go on welfare or state support.  Good luck.


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