Changing Back to My Married Name

Updated on January 31, 2008
L.J. asks from Fort Wayne, IN
7 answers

Hello!

My husband has filed for divorce. He left me and our two children at Christmas. I want to take back my maiden name. Do I have to wait for the divorce to be final? My children would also like to switch to my maiden name. Do I need my (ex) husband's approval for this? My children are 10 and 8 years old. I very much appreciate your help. Thank you.

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A.R.

answers from Chicago on

Your legal name is attached to your SS#, but you can go by any name you want and usually it presents no problem. For example, I have bank accounts, drivers license, etc all in my maiden name, but my SS# has my married name. I only have to use my married name when filing taxes or other things government related.
You can pay to have your name changed with the SS but I can't remember the cost. Also, it is granted at the divorce that you can change your name (and I believe at that time it is free to do so with SS if you have that document from court.)

For your children, the father must approve it unless you can get other permission from court... or at least that was the case in NC and in every case I have heard of elsewhere. IL might be differnt, but I doubt it!

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S.W.

answers from Chicago on

I am sorry you are going through such a hard time. divorce is never easy. I was divorced by the time my daughter was one and she is now 19. I did take back my maiden name after the divorce but my daughter still has her fathers last name. as much as I disliked the man it was his right too. Her last name is part of who she is. I would think you need your ex approval for your children to change their names. at 10 and 8 they are to young to decide this. Its important to talk to your children about their anger, fear etc.. but you much keep your feelings about your ex to yourself. when we insult are ex we are insuling our children and their self esteem. eventually the kids will be old enough to see the faults of their parents and do not need help with anyone pointing them out. Good luch and God Bless.

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C.J.

answers from Chicago on

In Illinois, you can take your maiden name back at the end of the divorce. In order to do it before you are divorced, you would have to go through an official name change which requires publication and a petition to the court. In order to change the children's names, you will have to have you ex husband's consent. You will have to file petitions and have him served. If he objects, the court will only change it if it finds that it is in the best interest of the children. I do not know what the law is in Indiana, but it is likely to be similar.

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R.D.

answers from Chicago on

Check out the laws of your state. I'm sure
they have a web site with all the information you need. I live in Illinois
the name change packet here costs 29.95.

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T.M.

answers from Chicago on

Hi L.
When I divorced my 1st husband I had to wait until the final hearing to use my maiden name and I had to use that paperwork to get my legal documents (driver's license, social security card, etc.) changed to my maiden name. I was told (1991) that I had to legally ADOPT my own daughter to change her name at a cost of $1200 and he had to approve it!!! I never married my son's father and I gave him his father's name...I was also told that I would have to adopt him in order to change his name. I thought all of that was crazy so I never went threw with it. We all have different last names, it confused my son for a while and it does confuse the schools, hospitals, etc., I have to show proof all the time that they are mine. I have a friend who kept her married in order have the same last name as her children, she doesn't have any problems. If you were married a long time and people are use to you with that last name, my advise, keep it...it's just a name. Unless of course you have the money. Good luck to you

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D.P.

answers from Chicago on

Wow, I'm really surprised to read the other posts. I'm married but go by both names. Some things I changed and some things I didn't. My passport is my maiden name and my DL is my married name. I think for many things you can choose but for other things like SS card you need proof of marriage, divorce. I was at the DMV recently and a woman there was trying to renew her DL and she didn't have proper documentation so they let her switch back to her maiden name because she did have her birth certificate with her.

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A.K.

answers from Chicago on

I am sorry that you are going through this. I think that the best thing to do in the situation is to contact a lawyer and ask him or her. Since laws are different here in Illinois I wouldn't profess to know anything. The lawyer would have a better idea.

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