It is important for both lawyers and their clients to remember to discuss whether a divorcing spouse wants to be reinstated to her former name. With proper planning, restoring a maiden name can be done very easily. Your lawyer will either submit the change as part of the Final Decree of Divorce or prepare a separate Court Order – the procedure is peculiar to each court.
Whether the name change is incorporated into the Final Decree or submitted as a separate order makes no difference, it is still accomplished as part of the divorce. The only limitations are that wives cannot pick a new name, they can only be reinstated to a maiden or former name, and husbands have no say in the matter, she cannot be compelled to give up her married name.
If too much time passes, the Domestic Relations Court may refuse to enter the name change for you. If the name change is not done as a part of the divorce, a new action would have to be initiated in Probate Court. Initiating an action in Probate Court is more time consuming and certainly more expensive than accomplishing a name change through the Divorce. That is why it is so important for lawyers and clients to plan ahead.
To find a dedicated Family Lawyer serving Hamilton, Butler, Warren, and Claremont counties in Ohio and Campbell, Kenton and Boone counties in Kentucky, call Mark E. Godbey & Associates at 513-241-6650 or 859-344-5297.