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.
3 Answers from Attorneys
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
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
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