Name Change During a Divorce

Many women assume their husband’s last name when they get married. As a result, when they get divorced from their husbands, most want to change it back to their maiden name. There are two options: you can either change it back to a maiden (or any other name) or you could keep your soon-to-be-ex husband’s name. Contrary to what some people might say, you’re not required to give up your ex-husband’s last name.

If you did want to change your name after your divorce in Massachusetts, remember to ask the court for a name change in the actual Joint Petition for Divorce (if it is uncontested) or Complaint for Divorce (if it is contested). There is no charge or extra steps to take if you remember to include it in the original Petition or Complaint. If however, you forget to and the case has gone on for a while, you will need to motion the court for a name change before the divorce is finalized. Also, if you petition to have your name changed after the divorce is finalized, then you be charged a fee (currently $165.00), and you will also need to start a whole separate court petition.

In short, if you’re going to change your name, do it at the outset of the divorce. It will save you time and money.

4 Responses to Name Change During a Divorce
  1. Bernie
    May 21, 2009 | 6:44 am

    Thank you so much for posting this. I am researching this topic and this is very helpful and informative.

  2. After The Wedding Name Change Kits
    February 7, 2011 | 11:26 pm

    That’s a great article, thanks!

  3. Maureen
    April 21, 2011 | 4:21 pm

    Thank you for this information. Do you know when the change goes into effect- on the court date or after the 90 days? I’m trying to get a head start on changing my social security card so I can then change everything else- license, credit cards, bank accts, etc.

    Thank you for your help.

  4. BC
    August 9, 2012 | 1:58 pm

    I requested a name change on my divorce petition but chose afterward to continue using my ex spouses name due to the fact that we share a child. I wanted to have the same last as the child. Am I required to change my name back?

Leave a Reply

Wanting to leave an <em>phasis on your comment?

Trackback URL http://www.infinlaw.com/faq/name-change-during-a-divorce/trackback/