Reverting To Maiden Name
Reverting to maiden name is common for women after divorce. But you may have questions about the process. Can I make the name change part of the divorce decree? How soon in the divorce process can I change my name? Who do I need to talk to when I'm reverting to maiden name. Find answers from the legal expert to these and other questions below.
Can I use my maiden name while I'm separated? Karen's Question: Can a legally married woman, who is separated from her husband, start using her maiden name even though they are not divorced? Brette's Answer: You can, but if you want to legally get it changed on things such as your driver's license you would need to legally change your name, which involves a court procedure. Good luck. » Return to questions Can the divorce state that I will return to my maiden name? Karen's Question: I just received divorce papers 5 days ago. It is uncontested and I don't have the finances for an attorney. Without an attorney, how would I have the final decree state that I wish to have my name changed back to my maiden name? Brette's Answer: It is routine for a judge to include a provision in the decree that either party can return to a pre-marital name. However, to make sure, you will need to respond or appear and just make sure that is the case. You need to find out what your state's requirements are for appearing - you may need to just file a form or you may need to show up in court. How do I change my name if the provision wasn't in the decree? Juanita's Question: My Ex and I did a do-it-yourself uncontested divorce. I messed up and wanted my former name restored, which is the same as my children, but neglected to put it in the divorce petition. How do I get the divorce decree modified, to state I have my former name restored? Do I have to go back into court to do this legally. I need a court order to change my driver's license, SS Card etc. Brette's Answer: It really depends on the procedures in your state. Go to the court clerk's office and ask them what you need to file. Most likely a modification petition or a notice of motion for a name change. In some states, both will require a motion and an appearance. Name change often requires publication in a newspaper and may take longer. » Return to top I can't get a license because my decree doesn't have a name change provision. Kelly's Question: I'm divorced so I started to change my name. No problem with social security office. But when I took the same documents and my new social card to DMV they wouldn't do it because the divorce decree didn't have a name change provision. What do I do from here? Brette's Answer: Contact the court and ask that the decree be amended to include that. When can you take back your maiden name? Stephanie's Question: Do you have to wait for the divorce to be final before you can go back to your maiden name, and will it be wise to do so as he is still paying some of bills? Brette's Answer: You can use your maiden name at any time you want. To change it on legal documents such as a driver's license, Social Security card, or passports though you need a court order, which usually happens in your divorce decree. What name you use has no impact on bills or settlement. Stephanie's Question: Our divorce decree states that I will retain my maiden name. How much time do I have to change my name if I'm not ready to do it right away? Brette's Answer: Divorce decrees usually give a woman the right to resume the use of premarital name if she wishes to do so, but do not require it. Therefore, you can do it whenever you want. » Return to top How do I change my name after divorce? Sheila's Question: I don't have a copy of my divorce decree, but I want to change my last name back to my maiden name. How can I do this? Brette's Answer: Get a copy of the divorce decree. Call the county where the divorce was granted. If you don't know, you may still be able to get your name changed by using the marriage certificate. Start with your driver's license. Once that is changed, you can use that as proof for everything else. Do I need to change my name with the Social Security Office? Anna's Question: I am getting divorced and have requested a return to my maiden name in the divorce papers. Do I need to still change it with the Social Security Office? Brette's Answer: Yes you need to change it everywhere - SS, driver's license, banks, credit cards, property tax, everything. » Return to top What paperwork does Social Security need to change my name? D's Question: I went to Social Security to change my name on my SSN card. I had the paperwork with the judge's signature, date the decree became absolute, and a stamp saying it was on file, but the clerk asked where the raised stamp was on the papers. What should I do? Brette's Answer: You may need to obtain a decree with a raised seal from the court clerk's office. Am I obligated to take back my maiden name? Annette's Question: It was granted in my divorce decree that my legal name be switched back to my maiden name. Now I am back with my ex husband, so I am still using my married name. Did the decree gave me the option to change my name or did it automatically change it to my maiden name? Brette's Answer: This kind of clause usually gives you the option to switch back, but I can't tell you what your order says. It's up to you to change your name on all documents after divorce if you wish to do so. If you don't wish to, you don't have to in most cases. Can a woman be forced to change her name after divorce? Cheryl's Question: After my fiancé's divorce, his wife didn't take back her maiden name. Is there any way we can get a court order for her to go back to her maiden name? Brette's Answer: No. It is completely up to her what name she uses. Even if the court order included a section saying she could go back to it, she would not have to. Why are support checks made out in my maiden name? Taren's Question: It was granted in my divorce that I can go back to my maiden name, but I haven't changed it so far. I just go my first child support check and it had my maiden name on it. Was my name changed automatically once the divorce was granted? Brette's Answer: The decree gives you the right to change back to your maiden name. It's not required, but since most people do the child support agency probably automatically changed it. You can notify them if you want it made out to your married name instead. Return to top of Reverting to Maiden Name © WomansDivorce.com. All rights reserved. Related Articles:
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