Can my husband request for my name to revert back to using my maiden name?

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My husband filed for divorce and has checked off the box to have my name changed back to my maiden name. Can he do that? Will the court allow that if I don't want my name changed?

Attorney Answers

2
Thuongtri Nguyen ·
He can also ask the court to order you to give him a million dollars. However, that he asked does not mean the court will order it. The court likely would not change your name if you do not want to change your name. So long as your use of a name is not for a fraudulent purpose or some other unlawful purpose, you can use any name you like. Your soon to be husband has no exclusive right to the use of "his" last name. What you should do is to clearly indicate on the response to the petition that you file with the court that you do not join in asking the court to order a name change for you. You should review your specific facts with your attorney to see what legal options you have.
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Elizabeth Powell ·
Mr. Nguyen is exactly correct! Anybody can ask a court to do anything, but a court will not order someone to do something they are under no obligation to do. It is your name, your ex has no ability to make you change it. Because the petitions are "one size fits all" and sometimes the Petitioner wants to change their name, the pattern form certainly can lead a petitioning husband to think he has the right to require his spouse to change her name. I have never seen it happen. Mr. Nguyen, loved your answer! Elizabeth Powell
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