Legal Question in Family Law in Pennsylvania
Divorce
My divorce was finalized 3 years ago and my former spouse kept my name. Since then she has had another child out of wedlock and has no reason to keep my name especially since my child and her new child have different last names. I would like to know how to formally request that she change her name back to her maiden name.
1 Answer from Attorneys
Re: Divorce
You asked about a name change after divorce.
Uh, you sort of have it wrong. Your former spouse gave up her maiden name legally and voluntarily when you married. Just because there was a divorce does not make the last name yours any less than it is hers.
Further, there is no law that dictates how a person must be named. A child may be given the name of the either or both parents or completely made up name(s). A person may generally take any name they wish.
There is absolutely nothing you can do to get her to change her name or a child's short of making a contractual agreement. If it's that important to you she should be able to hold out for a substantial sum of money.
Regards,
Roger