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.

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Should You Change Your Name?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are contemplating whether or not to change your married name back to your former name during divorce proceedings, know that it is less costly to do this now than after the divorce is granted.

As part of your divorce petition, you can ask the court to restore your former name.  However, if you think about it after the fact, it will require a separate court action, another filing fee and another hearing before the judge.  You will have to prove you are not changing your name to defraud creditors.

In a divorce action, judges know that some wives wish to drop their husbands’ names, so it is allowable under the same case.  So whether or not to change your name depends upon the following:

1) How much you hate your stbx or his name.

2) Whether you wish to keep the name because your children have the same name.

3)  If you have the mindset of getting a fresh start in life you may want to drop your married name.

4) If your driver’s license, credit cards and other documents still have your former name, you will want it back.  On the other hand, if all of those docs have your married name, you may want to keep it simply for the convenience of not changing all your cards and docs back again.

Whether or not to change your name during divorce proceedings is a very personal matter and should be considered along with all the other issues in your divorce.  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 http://www.familylawwpb.com.