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What To Know About Taking Back Your Maiden Name With Divorce

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Divorce is a big life-changer, and the ability to revert back to your maiden name is one of the many changes made possible with the divorce petition. Not every woman takes their husband's last name when they marry, of course, but for those who do this option presents a legal vehicle to carry out a symbolic gesture of change. Changing your name can mean a tedious and time-consuming task has been added to your to-do list, however. Read on and learn about the five important points to think about before you make your decision.

1. It's Your Choice

While most states give you the option to take back your maiden name with the divorce petition, there are no states that require that you do so. This decision should not be taken lightly. You might want to keep in mind that the longer you have been using your husband's last name, the more trouble it could be to change it now that you're divorcing. If you do want to continue using that last name, no action is required of you. While most states have a provision for including the name change in it, you can also amend the decree if has already been filed or even add the name change later to a final decree.

2. A Checklist for Updates

To help organize your to-do list if you do decide to go back to your maiden name, the following documents will need to be updated:

  • Driver's license or state issued I.D. Card.
  • Passport
  • Social Security card (it's helpful that the Social Security Administration informs the IRS about the name change for you).
  • Bank, investment, savings and other financial and banking accounts as well as the imprinted name on your checks and check cashing cards and debit cards.
  • Title and deeds to vehicles and real estate.
  • Loans: student, personal, car, mortgage
  • Credit cards.
  • Insurance: health, life, auto, home, renters, etc.
  • Utilities: Electric, gas, cable, phone, etc.
  • Voting registration.
  • Your child's school records.
  • Work: Swipe and I.D. cards, human resources paperwork, business cards and stationery, etc.

3. Some Important Points

  1. It should be noted that men are also eligible to take back the name they had prior to marriage if they want to. Many men adopt a hyphenated last name combining their and their spouse's last names.
  2. You cannot use this opportunity to simply choose an entirely new last name for yourself. You can only take back a name that you previously held, such as a maiden name. You do, of course, have the option to go through traditional channels and change your name to whatever you wish via court order.

Be sure to speak with your divorce attorney about the options and guidelines for reverting back to your maiden name with your divorce petition. Click here for more info.


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