Question:

If my ex-wife resumed her maiden name in the divorce decree, is it legal for her to still use my last name? Can I legally make her stop?

Answer:

Typically, in order to resume a maiden name, a petition to retake prior maiden name must be filed with the court in which you obtained a divorce decree. The various county courts vary on procedure, so that should be reviewed depending on the county in which you divorced.

It is not automatic, so if the proactive steps were not taken, it is possible she has not legally changed her name. If this is the case, you cannot prevent her from continuing to use your last name.

It is also possible she has not updated certain documents, such as her driver’s license, but has updated other documents. If this is the case, it is possible she has not gotten around to it but still intends to make the complete change. Either way, unless she has taken the steps to fully finalize a reversion to her maiden name, she is not obligated to stop using your name.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Maura Boogay, contact Cordell & Cordell.