Q: I’m wondering if my husbands ex wife still has his last according from their divorce decree
My husband has an ex wife and on a page of their divorce decree it says “ if applicable her name should be restored to her former name” but then at the bottom page it say “ if applicable her former name is restored” does that mean she changed it back to her maiden name or does she still have my husbands last name?
A: Sometimes you will see a divorce decree that gives the wife the ability to restore her maiden name. In such a case, the wife after the divorce has the option to use the decree to have her named changed back to her maiden name. If she doesn't do so within a relatively short period of time (months), she would likely need to go forward with a name change action in order for her to change her driver's license and other government documents back to her maiden name. In this situation, the ex-wife would legally retain the married name unless she takes the affirmative actions like changing her driver's license and social security card back to her maiden name within a short period of time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
