By Robin Roshkind, Esquire, West Palm Beach, Florida
What is in a name? Oftentimes clients ask me if they should change their names in the divorce proceedings. Again the answer is IT DEPENDS…on what?
If your husband is famous, he may insist you drop his name. This happens with husbands who are captains of industry, celebrities, local politicians, public figures. If they are going to remarry, or they simply want to be the community’s newest bachelor, husbands may require/request a wife to change her name. This may be insulting, but the good news is there is money to be made here. A husband cannot force a wife to change her name. If he insists, he has to pay the price.
Another situation is where there are minor children…a wife may NOT want to change her name because it is the same last name as the children’s. In cases where you simply do not like the name, now is the chance to change it. You can have your former name restored. If you do not do this as part of the divorce, it will cost you later. In Palm Beach County, you will have to file a new case, a petition for name change, and the burden of proof is higher…you will have to testify that your name change is not for the purpose of defrauding creditors, committing fraud or other unlawful purpose.
For more information about this or other divorce topics, call on one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.