The Divorce is Over – Now I Want My Name Back!
A recent article has stated:
“When couples undo their "I do's" and go their separate ways, women who took their husband's name when they married may find themselves with complex decisions to make. These involve children, parents, careers -- and a sense of identity.”
Marilyn Gardner, Christian Science Monitor, Friday, June 13, 2008. See the article "After Divorce, A New Name Symbolizes a New Life." During a divorce, the last thing a wife may think about is her maiden name. But when it’s over, it’s one of the first!
In Florida, a wife may seek a restoration of her maiden name or a former married name in a dissolution of marriage proceeding. The request for change of name must be alleged in the wife's pleadings. If the wife fails to make the allegations, she must seek leave of court to amend her pleadings, which in Florida, is liberally granted.
The easiest and most time-saving way for a wife to change her name is to include it with a divorce. It not only saves time, but it also saves money if she wishes to restore her former name. Because a wife takes the husband’s name, she is the only party in a divorce who can request that her maiden name be restored. However, there is no reason why a woman’s failure to assert the right upon her marriage would prevent her from doing so later.
For more information on restoring your maiden name during a divorce, contact an attorney.
