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Can my husband legally make his ex wife change her last name back to her maiden name?

Asked about 3 years ago - San Jose, CA

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they have been divorced for 3 yrs and she still holds married name. but in there divorce papers she didnt ask to be granted her maiden name, is there anything we can do?

Attorney answers (2)

  1. Contributor Level 18

    Answered March 26, 2010 14:14. No. Her name isn't his property.

  2. Contributor Level 20

    Answered March 26, 2010 08:35. If the order doesn't specify that she take back her maiden name, she can continue to use the married name. He can't force her not to use it, and it's up to her, like it was up to both of them whether and who would change their name when they married.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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