Do You Have Right To Keep Husband’s Name in Divorce Proceedings

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce brings many changes, financial, emotional, and physical.  Two areas of testimony at final hearing in Palm Beach County divorces are as follows:

1) The judge will ask if the wife is pregnant.  This is to protect any unborn child of the marriage.  Once the birth takes place, medical care and child support will have to be instituted by court order.

2) The judge will also have to ask if the wife wants her name prior to the marriage to be restored.  It is up to the WIFE not the husband, as to whether or not she keeps her married name after the divorce is final.

In some cases where there is a famous name involved, or a high asset divorce, the husband may negotiate a price or reimbursement to the wife to drop the name.  It is again her choice.  There is no law in the state of Florida that requires the wife to change her name.

For more information about this or other divorce topics in Palm Beach County divorces, call 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 for more information.

Should I Change My Name in Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Whether or not to change one’s name  to the former name is an emotional decision facing most divorcing wives.   Some keep the ex husband’s name so that the children and mother will have the same last name.  Some keep the name to avoid the hassle of changing driver’s licenses or other legal documents.  Others change the name to avoid the bad memories or baggage of the ex. 

Name changes are something to seriously consider in your divorce , because to do it in the divorce case costs nothing extra.  To do it after the divorce is done will cost another court filing fee at the minimum.   If you decide to later change your name, you will have to open a new case and appear at a court hearing before the judge. 

If you are a husband, you can negotiate at mediation to give the wife a financial incentive to change her name back.  This may or may not work.  Under the law a husband cannot force a wife to change her name back.  For more information on this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Name Changes Are Less Expensive If Done During Divorce Proceedings

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are contemplating changing your name back from your married name to your former name, it is much cheaper to do it as part of your divorce proceedings than after the fact as a separate court case.  The judge needs your testimony that the name change is not for the purpose of thwarting your creditors, or for any other fraudulent purpose.

But if you have children,  you may NOT want to change your name back even if you do not like your husband’s name.  This is because the children and you will continue to have the same name and often it is in the children’s best interest to do so.  You need to weigh the benefits to the negatives to determine for yourself what your comfort level is.

Sometimes, husbands who are planning to remarry quickly, or who are prominent in the community, require their stbx wives to relinquish their name back to the former name for money.  This is a negotiation and could be to your benefit.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.