Answer

ANSWER:
NO, you cannot force your ex to change her name back to her maiden name. When you and she married one another, you could not have forced her to take on your name as her "married name." She did that by virtue of her own choice. If she took on your name when she married you and then gets a divorce, it is her exclusive decision as to whether to retain the married name that she voluntary assumed at the outset of the marriage or to drop that name and revert to her maiden name (or any other prior name she may have used).

In essence, while a divorce court has the power include a provision in a divorce judgment that “restores” a wife to her maiden name (or any other prior name she may have used), it can only be done at the wife’s request (and not at husband’s request).

Further, while the court may grant the wife’s request to the restoration of her maiden name (or any other prior name she may have used), the court does not have the power to ORDER and compel her to do so, nor can the court enjoin or restrain her from continuing to use her married name even after the marriage has been terminated.

NOTE: I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

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Expert:	Lawrence D. Gorin
Pos. Feedback:	97.0 %
Accepts:
Answered:	7/13/2008

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