Legal Question in Family Law in South Carolina

Name change

Can I legally change my name back to my maiden name without being divorced?

I can't find my husband.

how would I go about this? If it is possible.


Asked on 1/31/99, 12:58 am

3 Answers from Attorneys

Jonathan Schiff Self employed

Re: Name change

I don't know about South Carolina, but in Ohio anybody can change their name through a simple court procedure in Probate Court. You might check with the clerk of courts in your jurisdiction to find out how it's done. Usually it involves filling out a form (a portion of which is to be published in a newspaper) filing it, along with a fee, and then perhaps having a short informal hearing with a referee explaining the purpose of the name change. The main concern courts have with name changes is to assure that you are not attempting to defraud creditors.

The clerks are usually friendly and knowledgable, so they should be able to guide you through the process

Jonathan Schiff

Self employed

605 Rose Hill Ave


Read more
Answered on 2/01/99, 4:21 pm
Jes Beard Jes Beard, Attorney at Law

Re: Name change

I'm licensed in Tennessee, not South Carolina, so the law may be different there and it is a good idea to check with a local attorney to make certain.

But generally speaking you should have no problem.

For more information, check my website, at http://www2.pair.com/cba/jesbeard/index.htm

or in particular check the following link from that website http://www2.pair.com/cba/jesbeard/9.htm

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


Read more
Answered on 2/01/99, 4:42 pm
Alan Pransky Law Office of Alan J. Pransky

Re: Name change

At common law, you can change your name without a court order merely by using a different name.

The use of the new name must be consistent and not for fraudulent purposes. Just as you did not get a

court order to change your name when you got married, you probably don't need a court order to

change it again. THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF AN

ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly depending on specific facts and vary

from state to state. I RECOMMEND THAT YOU CONSULT AN ATTORNEY TO DETERMINE THE

SCOPE OF LEGAL RECOURSE, IF ANY, YOU MAY HAVE. YOU SHOULD NOT RELY ON

ANYTHING I HAVE STATED AS ADVICE TO DO ANYTHING OTHER THAN TO CONSULT AN

ATTORNEY TO DISCUSS FULLY AN APPROPRIATE COURSE OF ACTION.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


Read more
Answered on 2/07/99, 8:09 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina