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  #1  
Old 12-13-2005, 12:42 AM
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Name Change


What is the name of your state? Texas

I have recently filed for divorce (pro se), and we are down to signing the final decree. However, my husband will not sign the final decree until I change my name back to my maiden name. Can he force me to do this? What recourse to I have?
  #2  
Old 12-13-2005, 12:44 AM
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Quote:
Originally Posted by dspiers
What is the name of your state? Texas

I have recently filed for divorce (pro se), and we are down to signing the final decree. However, my husband will not sign the final decree until I change my name back to my maiden name. Can he force me to do this? What recourse to I have?

Unless your original name was "Van Schtupenville", then what's your problem? Just change your damn name!

A Rose, is a Rose, is a Rose. A Rose by any other name is still a Rose.
  #3  
Old 12-13-2005, 12:52 AM
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Quote:
Originally Posted by dspiers
What is the name of your state? Texas

I have recently filed for divorce (pro se), and we are down to signing the final decree. However, my husband will not sign the final decree until I change my name back to my maiden name. Can he force me to do this? What recourse to I have?

No, he can't FORCE you to. He can ask the judge to order you to, but he would have to have a very good reason for the request (like you have decided to become a porn star and he doesn't want his name associated with that) and that's still no guarantee the judge will order it. If you have children together, it's even less likely.

Even if the judge doesn;t allow you to keep his last name in the divorce, there is nothing stopping you from petitioning to change your name to whatever you want after the divorce.

Just out of curiosity, why are you ojecting to the name change?
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  #4  
Old 12-13-2005, 05:37 AM
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Quote:
Originally Posted by ceara19
No, he can't FORCE you to. He can ask the judge to order you to, but he would have to have a very good reason for the request (like you have decided to become a porn star and he doesn't want his name associated with that) and that's still no guarantee the judge will order it. If you have children together, it's even less likely.

Even if the judge doesn;t allow you to keep his last name in the divorce, there is nothing stopping you from petitioning to change your name to whatever you want after the divorce.

Just out of curiosity, why are you ojecting to the name change?
Sorry but I have to disagree with that response. The judge doesn't actually have the authority to order anyone to change their name. (any adult) A person's name is their legal identity and a judge has no authority to make them take another name against their will. Although a judge could probably order a porn star not to use it as their screen name....lol.

I can think of tons of good reasons why someone wouldn't want to change their last name**************the hassle alone, of getting everything changed, is a big one. I didn't change mine. I wanted to keep the same last name as my child, and my professional identity was also established in that last name.
  #5  
Old 12-13-2005, 11:57 AM
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Although we have no children together, likewise, my professional identity has been established under my married name. Not to mention all of the other things ie: DL, Car Title, House, etc. that are in my married name. The hassel outweighs the benefits by far.
  #6  
Old 12-13-2005, 05:10 PM
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He can't force you to change your name. A man's surname is not his property. You would be amazed at the amount of men who think they can force a women to [URL=http://www.directlex.com/articles/2005/05/26/name-change-procedures/]reinstate her maiden name[/URL] in a divorce.

It just doesn't work like that. Your name is your name until it's changed by court order.

Regarding the first insensitive poster, there are many legitimate reasons a woman would want to keep her husband's last name. Can you say "same name as my child"?
  #7  
Old 12-13-2005, 05:53 PM
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Quote:
Originally Posted by giggle50
He can't force you to change your name. A man's surname is not his property. You would be amazed at the amount of men who think they can force a women to [URL=http://www.directlex.com/articles/2005/05/26/name-change-procedures/]reinstate her maiden name[/URL] in a divorce.

It just doesn't work like that. Your name is your name until it's changed by court order.

Regarding the first insensitive poster, there are many legitimate reasons a woman would want to keep her husband's last name. Can you say "same name as my child"?
The insensistive poster happens to be a man....someone who has never been through the hassle of changing their name...and never will go through that. I bet he'd have a totally different opinion if he though some judge was going to order him to change HIS name.
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