When I divorced 4 years ago I I kept my exhusband's last name so it would be the same as our children. Now I have decided that I want my maiden name back, but my boyfriend and I are also looking to marry soon. Can we legally change my last name back through getting married or do these have to be handled separetly?
if you are marrying and taking your boyfriend's name then I don't think you will need a court order. But if you are planning on remarrying and then changing your name back to your maiden name, then it would probably be best to just get a court order to make it clear what your name will be.
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I believe you will need a court order to get your maiden name back. But if you are about to marry and take your new husbands name, all that will be needed is your marriage certificate (to take his name). To resume your maiden name at any time, will need a court order.
In Ohio, where I practice, the simple answer would be that when you marry your boyfriend, you can only take his name, or leave your name unchanged. If you want to change your name to anything else, you would go through the Probate Court, for purposes of a name change action, which you could file either before your marriage, and not change your name when you marry, or after your marriage. Consult with a local probate attorney in Indiana, but there statutory framework should be similar. One more thing – there are some new restrictions on language that can be used to change a name to something other than a maiden name, due to the requirements of the Department of Homeland Security following the events of 9/11, for issues of security. There are different statutory provisions which also may apply, which may require the use of different language or additional language to obtain the results you seek. Don't forget to ask your local lawyer about these types of issues. Good Luck.
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If I read your question correctly it seems you want to have your maiden name even after you marry. In that case you can change your name back at any time. You should file a petition with the superior court in Indianapolis which I think the clerk can provide you with the form. You will have to swear under oath (in writing) that you are not attempting to evade creditors or other obligations, and I want to note (just because I had an issue with this at one point) you can only change your name, other biographical information must stay the same (birth date, place of birth, parent's names, etc.). You also have to publish your intent to change your name three times in a local newspaper of general circulation (The Indianapolis Star will probably due, and they have a package for this type of thing so you will have to do little work). I would imagine that this name change will go off without a hitch.
Best of luck!
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