Question:
According to my state’s divorce laws, either party may request a name change in a decree of dissoloution of marriage.
My question is, if she does not want her name changed back to her maiden name, can I file a petition to have her name changed back?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
The divorce law you referred to is written under the progressive notion that either party may have changed their name as a result of the marriage. Now the party who changed their name may request the name be changed back.
Although you can request she change her name back, the court is not likely to force a name change. As an example, even though your wife may not have been married, she could have gone through the proper procedures to change her name through legal proceedings to her current name.
It does not hurt to ask for the name change in your pleadings,and possibly use it as a bargaining tool within the confines of the divorce.
What’s In A Name:
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
Name Changes
I do not believe a court can force anyone to change their name, divorce or not. The only exception might be in cases such as actors not having the same name as another actor – Michael J. Fox vs. Michael Fox, or something. Disclaimer: I am not an attorney and am not providing legal advice. I would suggest asking your divorce attorney regarding the laws in your state. If there are factors influencing your strong desire to have her give up the name, such as slander or wildly improper behavior, the attorney will want to know those. Otherwise, in my understanding, the soon-to-be-ex wife would actually have to include a name change in the divorce filings or response or it will be assumed she is keeping the married name. Again, as in all divorce matters, check with your attorney before you make any decisions or take any action!