Ex wife is using my last name after the divorce was granted. Can she do that?

Asked over 2 years ago - Lombard, IL

My ex wife started using my last name after our divorce was granted. She never legally changed her name during the marriage. The name was not awarded to her in the divorce decree. I have all of our tax return info which had to be submitted with her maiden name in order to be processed. Our court paperwork was filed in her maiden name. And she didn't decide to start using my last name until a month after the judge awarded the divorce. She only uses the name when applying for anything involving credit, Rent applications, new utility bills, and so on. We were divorced in Texas, and I was awarded custody of my son with no geographical restrictions and have since moved back to Il. Is there anything that can be done about this?

Attorney answers (3)

  1. Gary L. Schlesinger

    Contributor Level 20


    Lawyers agree

    Answered . there is nothing you can do. she can call herself santa claus if she wishes. what she is doing may be a fraud on creditors but is of no concern to you.

  2. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . As gary stated, the5re is nothing you can do about this. As long as your ex wife's use of your last name does not affect you, there is nothing you can do about it.

  3. Michael A. Meschino

    Contributor Level 13


    Lawyers agree

    Answered . Not really. Her legal name was your last name as a result of the marriage. A Judgment for divorce provides an oppurtunity for the wife to resume the use of her maiden name, if she so chooses. You cannot force that on her. You may want to inform the police as she maybe using the last name to avoid creditors.

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