Restoring Maiden Name After Divorce in Florida

Restoring Maiden Name After Divorce in Florida

Restoring maiden name after divorce is one of the many issues facing women in divorce cases.  This decision is obviously an extremely personal one (like many decisions in a divorce case). Restoring your maiden name in divorce can be very easily resolved.  First, in order to have your maiden name restored, you must plead for that via a Petition or Counterpetition.  If you or your attorney do not ask about changing your name in writing, there is a chance the Judge may not be able to rule on that issue at trial.  Of course, most parties resolve their cases outside of court at mediation. In these cases, the issue of restoring a maiden name is certainly one that can be agreed upon by the parties themselves.

Restoring Maiden Name After Divorce – The Divorce Hearing

If the wife is restoring her maiden name by agreement, she will need to be present at the final hearing, regardless of whether or not she or the husband is the Petitioner.  Physical presence at the final hearing is required.  The Judge must ask a series of questions regarding the name change issue; these questions typically revolve around whether or not the wife ever declared bankruptcy, was convicted of a crime, etc… The reason for these questions is to ensure that the party requesting the name change has no ulterior motives in wanting to change their name (i.e. they are not trying to escape debt or a criminal conviction simply by changing their name).

The reasons that you may want to request changing your name to a restoration of your maiden name are numerous. Typically they include wanting to restore your identity from before the marriage. Or they may simply stem from a desire to have a few reminders about your ex as possible.  Regardless of the reason for the request, this is a decision that should be discussed thoroughly with your Jacksonville divorce attorney to decide upon the best possible solution for your individual case.