Legal Question in Family Law in Texas
My ex-wife using my last name
My exwife and i divorced in august of 07.She agreed in the divorce papers to take her maiden name back.We have no children.She is still listed in the phone book as her married name to me.I called her and asked her why she is still listed as her married name to me and she said she didnt know why.What i want to know is it legal for her to still use my last name when she agreed in the divorce papers to take her maiden name back.
2 Answers from Attorneys
Re: My ex-wife using my last name
There's no magic wand that gets waved when someone's name is changed. Each and every change has to be made by hand, which usually involves taking a certified copy of the Decree to some business office and waiting forever to be seen.
Re: My ex-wife using my last name
As long as she is not using her former name for the purpose of perpetrating a fraud against a lender for example, or some other criminal activity, there is no legal prohibition against using the old name. It's similar to somebody using a nickname - as long as there is no wrongdoing, a person can call him/herself whatever they want.
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