linda

[linda raintree]

What is the name of your state? Michigan
Hello everyone, I'm hoping that someone can answer a question that I have. I was recently divorced and in the order of judgement it says that I shall change my name back to my maiden name. Do I have to do this?

 

[LdiJ]

What is the name of your state? Michigan
Hello everyone, I'm hoping that someone can answer a question that I have. I was recently divorced and in the order of judgement it says that I shall change my name back to my maiden name. Do I have to do this?

No, you really don't. A judge can't force you to change your name.

 

[JETX]

What is the name of your state? Michigan
Hello everyone, I'm hoping that someone can answer a question that I have. I was recently divorced and in the order of judgement it says that I shall change my name back to my maiden name. Do I have to do this?

If it says SHALL, yes, you have to do it.

 

[linda raintree]

But his lawyer has sent me letter that says I have 30 days to get this done, basically failure to comply is the phrase that is used. and Thank you for respoonding to me, I am soooo confused by all this.

 

[LdiJ]

If it says SHALL, yes, you have to do it.

I know that you are an attorney but I really have to disagree. Yes, she obviously agreed to do so, but I honestly believe that agreement to be unenforceable.

I have seen it debated many times, but its HER name. It doesn't exclusively belong to her ex.....and people cannot be forced to change their name.

 

[linda raintree]

I really don't want to change my name as I have had it for 12 years however I really don't want to be in any trouble either! what happens if I don't change it?

 

[JETX]

I have seen it debated many times, but its HER name. It doesn't exclusively belong to her ex.....and people cannot be forced to change their name.

Sorry, but you're wrong. A court can order a divorced spouse to return to her maiden name. Though sort of unusual in 'forcing' the change (as it is usually done by petition of the spouse to return to her maiden name), it could be done if the court so orders. The time to challenge it was BEFORE the order was signed.

 

[LdiJ]

I really don't want to change my name as I have had it for 12 years however I really don't want to be in any trouble either! what happens if I don't change it?

I think that you should get a consult with a local attorney. Just to see what they might have to say.

However, the worst that can happen is that they file for contempt, and then you will have the opportunity to explain to the judge that you don't want to change the name that you have had for the last 12 years.

Personally, I don't think that a judge can make you change it. I don't think that agreement is enforceable as far as that is concerned. JETX disagrees.
Therefore a consult with a local attorney is probably your best bet. Be sure and explain that you don't want to change your name and why.

 

[linda raintree]

Yes you are correct, the judge asked me if I wanted my maiden name back and I said yes, before I realized the ramifications of what all that means. what kind of trouble will I be in if I don't change my name? I don't want trouble I just want my name!