Legal Question in Family Law in New York
Name Change
I just wanted to know if there is any legal recourse my ex-husband can take to my changing my name to his after our divorce. During the marriage I kept my premarital name, and while we separated I just used his name for my home phone number. My driver's license, social security card and all other financial statements etc are in my premarital name. Should I change them now to his, will I be subject to criminal charges for fraud or anything of the sort? I don't intend to do anything illegal, it just seems easier for my children in school if we both have the same last name. I have been searching for any legal clauses that deny me this right but have not been able to find anything since I have no intention of doing anything illegal. Any assistance and reference to the clause if any, will be greatly appreciated. Thank you.
1 Answer from Attorneys
Re: Name Change
Divorced women can legally used their married names without recourse. Many divorced women retain their married names when they have small children with their ex-husbands.
You are not required to use your maiden name.
Charles A. Whittier, Esq.