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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33404
Experience:  Began practicing Family Law in 1992
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Can I legally change my name back to my maiden name once I

Customer Question

Can I legally change my name back to my maiden name once I have filed for divorce or do I have to wait for the divorce to be finalized?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You have to file a separate action for name change if you don't want to do it through the divorce but there is really no need for that since the court will order it changed back in the divorce decree if you ask for it. You can't change it until the order has been signed though or it won't be legal. Just filing for divorce doesn't do anything, it requires an order.

Customer: replied 1 year ago.
I have a signed notarized copy of my affidavit for decree requesting to have my name restored back to my maiden name. It was filed on May 16th. August 16th is when the judge will look at the case. Can I present this affidavit along with my birth certificate to get a new drivers license?
Expert:  JD 1992 replied 1 year ago.

You can try but they are not supposed to grant it. The court is the only one that can change your name and until an order is signed your name hasn't changed.

Until the order is actually signed then the divorce could be dismissed, delayed, the judge could refuse to change your name back (although I have never seen that happen), etc.