Going through a divorce can be a very stressful thing to have to go through, and many women who get divorced and had their last name changed when they were married, want to have their maiden name restored to them. Having this done is usually a very simple matter, but it does vary by state with regards to what is required of the woman in order to have her maiden name back.
Usually, it is simply a matter of having the divorce paperwork include a court order stating that the woman will go back to using her maiden name instead of her now ex-husband’s last name. Once the documentation is complete, all the woman has to do is contact places such as her place of employment, the social security administration, her bank, credit card companies, utility bills, etc. and inform them of her name change just as she would have done when she was married.
If, when going through with the divorce, the woman doesn’t have a court order regarding her desire to go back to using her maiden name, then all she has to do is to request to have the court order filed with her divorce paperwork. If the woman’s divorce is already finalized and she decides that she wants to change her name, then she can find old documentation such as a birth certificate or old social security card and use this documentation to restore her name to how it was prior to her marriage.
Sometimes, when children are involved and a couple gets a divorce, the mother will want her children to use her maiden name as their last name instead of taking their father’s last name as their own. In order to do this, the mother must submit a court order and the court will then consider what is in the best interests of the child or children.
They will consider the relationship between the children and the mother and the relationship between the children and the father, how long the children have been using their father’s last name, the age of the children, and any other factors that may be relevant to the children changing their last name. Ultimately, the name change may be allowed but only if it is in the best interests of the children. If the children do have their last name changed, it will not in any way affect the parental responsibilities or rights of the father.
Every state is different on how they handle name changes, but it is usually very simple, requires little paperwork, and either doesn’t cost anything or the cost is minimal at least in regards to going back to using a name that was previously your own.
For more information about divorce, name changes, or parental responsibilities, consult with an experienced divorce or family law attorney.
