Legal Question in Family Law in California

My ex-wife and I have been devorced for over ten years and we have not been in touch up until I had a private investigator locate my daughters at which time I learned that my ex=wife is living with another man and has two children with him yet she is still using my last name and using sevaral social security numbers, will this be a problem to me if I decide to remarry and do I have any legal right to ask her to not use my last name since we are no longer married ?

Your prompt response will be greatly appreciated.

Wilfredo Vgea


Asked on 9/29/09, 12:44 pm

1 Answer from Attorneys

In a divorce the wife has the right, but no obligation, to take her maiden name back. I have two ex wives who both still use my last name (McCormick being much nicer sounding than theirs, I guess ;) Maybe that's why they married me in the first place). If you have a full, final divorce, it should make no difference whatsoever what she does with her name or SSN, as long as she's not using YOUR SSN. If the divorce is valid and final, you are free to remarry.

Now my question to you is: why has it taken ten years for you to look for your daughters? You should have been in their lives all this time. Isn't that a lot more important than what name your ex uses?

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Answered on 9/29/09, 2:35 pm


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