Getting back your maiden name/Keeping your married name
When your divorce is being completed, the judge will sign a "final judgment of divorce" or something similar. Many states call this a "divorce decree." If you want your maiden name back, you need to say so in your final judgment.
We usually add in a paragraph to the final judgment that says something like, "The Wife's former name of Jane Doe is restored." That's all you have to say. Then you can take your final judgment to the Social Security office to get a new Social Security card. After that, take your final judgment and your new Social Security card to the Driver License office to get your new driver's license. (It can be a bit of a hassle, and many of my clients have said, "That's too much trouble, I'll just keep my married name.") Of course, many women keep their married name so that they have the same last name as their children.
I should point out also that you have an absolute right to go back to your maiden name or keep your married name. I've seen many men try to object to the wife keeping "his name." The choice is yours, not his.
If you forget to change your name back to your maiden name through the final judgment, you may be able to get your final judgment amended, but, more than likely, you'll have to file a name change lawsuit, which most any family lawyer can help you with.
3 Comments:
I like this information. I didn't have idea I can keep the last name. I still don't know if I will keep it but is good to know I have an option. Thanks
JANELLE ESCOBAR
TAMPA, FL
When I got married I used my husbands last name on my drivers license on a whim. I never changed my passport name, but did include both last names on my social security card. Now I want to go back to my maiden name on everything but apparently the law in New Jersey will not allow me to go back without a divorce decree. Why is it OK to take your husbands' name without court involvement but impossible to take your own name back without it? Is there any way to get my maiden name back without it being a federal case?
I know nothing about New Jersey law, but here's how it works in Florida:
It's not court action that's required to change your name, it's govenrment action. To change your name to your husband's name (or some combination of your name and your husband's) when you get married, you need a government document: your marriage license.
To change your name back toyour maiden name when you get divorced, you need a government document (which also happens to be a court document): your divorce judgment.
If your divorce judgment doesn't say that your name is to be changed back, you have a couple of choices:
1) File a motion to amend your final judgment, alleging that you inadvertently forgot to include a paragraph in the final judgment saying "The wife wishes her former name of ______ to be restored," or, if that doesn't work,
2) File a petition to change your name, and you can change your name to whatever you want. It would be a state case, by the way, not a federal case. :-)
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