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.

Asked on 11/17/10, 4:51 am

3 Answers from Attorneys

Laurie Martucci Wagner Law Associates LLC

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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).

Answered on 11/22/10, 5:26 am

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Christopher Vaughn-Martel Charles River Law Partners, LLC

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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.

Answered on 11/22/10, 6:37 am

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