When a divorce takes place, a multiplicity of issues are on the table. Obviously, the issue of whether the parties will get divorced or not is on the table. Where there are children, child custody and child support issues can come into play. Spousal support, property division and attorney’s fees are other issues that are important.
Another issue that can be important for wives in a divorce is their last name. When many get married, the wife may decide to change her last name to that of her husband. When a divorce takes place, the wife then wants to change her name back to her maiden or previous name.
This isn’t the case in every situation. In some divorces, especially where the marriage was long-term or there were kids involved, some wives may decide to keep their married name. Certainly, this is the choice of the wife in a divorce, but it is one more issue that can come into play in a divorce.
While the laws vary in every state, generally speaking, if a wife wants to change her last name to her maiden name, she will want to make she sure that this request is made in her initial pleadings with the court. If a divorce is then settled out of court, it’s important to denote in the settlement documents that the parties agree that the wife’s name is being changed to her maiden or former name.
If a trial takes place in a divorce, it’s important that testimony be put on at trial regarding the wife’s desire to change her name. Then, if a proposed judgment is presented to the court, the name change should be included as part of the proposed judgment.
Ultimately, if the name change request is granted, the wife will generally need to get in touch with the Social Security Administration and/or other others to ensure the name change is fully implemented.
If you are going through a divorce and interested in a name change, Stange Law Firm, PC can help. We can be reached at 1-855-805-0595.