Legal Question in Family Law in New York

Regaining my surname from my ex

I have been divorced for 5 years.I have recently become involved with a special someone and we were discussing getting married when she informed me that she WOULD NOT take my last name if my ex still was using it.

Can my ex be required to legally give me back my name?


Asked on 5/26/05, 5:00 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Regaining my surname from my ex

Congratulations on successfully moving on with your life. I can understand the feelings of your new fiance. Unfortuantely, this is just one of the costs of divorce. In the absence of an agreement within the divorce dcree, the first wife can continue with your name.

Perhaps your fiance would consider a hyphen as a compromise, "Mrs. Jane Smith-Jones"

Read more
Answered on 5/31/05, 10:19 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Regaining my surname from my ex

No. Her name (including the last name) is her name now and she is not required to change it if she chooses not to.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 5/27/05, 6:58 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York