Legal Question in Family Law in Pennsylvania

I've been separated from my husband for about 2 years now. We do not speak, I do not live in the house anymore with him, and I do not see him, but I still am legally married to him and have his last name. I am in the process of trying to get an uncontested divorce from him, but this most likely will not be done before my son is born. I have a son on the way next month... it is NOT his son, but I am no longer with the father either. My question is once I give birth to my son, will they allow him to have my maiden last name? I don't want my son to have my current last name because my husband is not his father, and he shouldn't have someone else's last name. Plus, I am trying to get the divorce so I can have my maiden last name back as well. As far as the child's father is concerned, we are not together and he will not be in my son's life for many reasons, so I will NOT give My son his last name either. I don't know the law in Pennsylvania about this stuff. I just want my maiden last name to be given to my son, but I don't know if that is allowed since I'm still legally married..Will they make me give him my married last name?


Asked on 6/17/15, 10:48 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

The law on names in Pennsylvania is clear. The only legal requirement is your child have a first and last name. There are exception but they don't apply. Once you file for the divorce you may file to resume your prior name. There's a filing fee but it's a lot cheaper and easier than a full blown name change.

As far as getting a divorce you should be able to get one based on 2 years separation. As long as you know where your soon to be ex-husband lives it should be pretty straight forward. If you don't know where he is it will complicate things but won't make it impossible.

{John}

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Answered on 6/17/15, 11:45 am


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