Legal Question in Family Law in Massachusetts
I live in MA, I have recently divorced my wife (we were a same sex couple), she kept my name. She is now engaged to another woman. When they get married is there any way the girlfriend could end up with my last name if my ex consented to the name change? I know this is a totally obscure question and have researched it on the web with no luck. Any advice would be helpfull. Thank you.
3 Answers from Attorneys
This question is not as obscure as it seems. Marriage is just one way of changing your name. Adoption, for example, is another. When your wife married you, she not only took your name, she changed her name, so now, it is her name too. When she remarries, her girlfriend can choose to take her name (which just happens to be also be your name).
I agree with attorney Martucci that your ex-wife's fiance may change her name to anything she likes, including your name. Your ex-wife had the opportunity to change her name to her pre-marriage name as part of the divorce process, and apparently chose to retain her married name (your last name). Unfortunately, you will not have a vote on the new couple's last name.
Your ex could keep her married name or her new spouse can take her name (your last name) as that is her legal name.
You have no control of their decision.
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