It’s likely that many of the women you know who have divorced recently or in the past chose to take back their maiden name. For them, reclaiming their original last name symbolizes a fresh start and a way to put memories of a bad marriage behind them. While changing your name is completely understandable, you might think just a tad bit differently and wonder to yourself, “Can I keep my spouse’s last name after divorce?”
The short answer is yes. But what are the reasons someone might choose to keep their married name? Furthermore, what are the implications of either decision—keeping it the same or changing it back?
Changing your name is a personal choice. You are not legally obligated either way. And even if your former spouse objects to you wanting to keep your married name, they can’t legally force you to change it.
Reasons You May Want To Keep Your Last Name After Divorce
- Your children — One of the biggest reasons people choose to keep their married name after divorce is to have the same last name as their children. This can help prevent confusion for the children and in situations involving school records, medical forms, and other official documents.
- Professional identity — If you have spent the better part of your adult life building a career using your married name, changing it can lead to confusion and even impact the professional reputation and credibility you have worked hard to establish.
- Simplify the transition — Deciding to change your last name after divorce means you will add a lot of paperwork to an already document-heavy process. A name change means updating legal documents like your driver’s license, passport, social security card, bank accounts, insurance policies, and countless others. You may find the time and effort required to update everything unnecessary.
- Personal preference — If you have been married most of your adult life, you may associate your identity more with your married name than your maiden name and feel more comfortable with your current identity. In that case, you may prefer to keep your name the same.
Reasons for Changing Your Last Name After Divorce
- Your independence — You may feel you have been held back or were not free to be yourself in your marriage. Changing your name can be a good first step in rediscovering your true self.
- Leaving the past behind — If your marriage was troubled, maybe even from the beginning, it might be that you need a fresh start. A new last name can be the perfect beginning to leaving a painful past behind, building a new life, and creating a brighter future for yourself and your children.
- Future relationships. While another relationship might be the last thing on your mind right now, chances are you will meet someone new at some point. Only you can decide how keeping your ex’s last name might impact future relationships, but staying tied to them in this way could create unnecessary tension or, at the very least, raise questions.
Ultimately, whether to keep or change your last name after a divorce is a deeply personal decision. Some people find comfort and convenience in keeping their married name, while others prefer a fresh start by reverting to their maiden name. If you are unsure about your decision, take your time to weigh the practical and emotional factors involved. And if you decide to change it, follow the proper legal steps to make the transition smooth.
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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