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Can my husbands ex wife continue to use his lastname after remarrying and now divorcing another man?

Greenville, SC |

My husband and I have been married for 2 years. His ex wife has remarrerd and now divorcing and has decided to go back to my husbands name. After divorcing my husband she went to her maiden name! This is her 5th marriage! CAN SHE JUST PICK AND CHOOSE WHAT NAME SHE WANT TO USE ON A DAILY BASIS!

Attorney Answers 2


Although it's probably not the answer you want to hear, yes, she can. Upon divorce, a woman may choose to resume her maiden name or a former maiden name absent objection from the spouse she's divorcing (and in certain cases, even despite an objection). All she must show is that she is not seeking to resume the name to avoid prosecution or creditors.

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Yes she can as long as she is not doing it for fraudulent or criminal purposes.

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