Legal Question in Family Law in Texas

If the divorce was finalized less than 30 days ago, I would file a Motion to Amend, Modify, or Reform the Judgment and ask that the name change be removed from the final decree.

If the divorce was more than 30 days ago, I would file a Motion for Judgment Nunc Pro Tunc and ask for the same thing.

You would have to notify the opposing party of the filing of your motion and let him know of any hearing set on your motion. But I don't think the judge would deny the motion.

Good luck!!

If it's been more than 30 days and the nunc pro tunc approach that Mr. Daley suggested doesn't work (it may, it just depends on the judge you're dealing with and whether your ex fusses about it--that's not technically how you're "supposed to" do it), you can file a whole new cause of action just to get your name changed. Actually, anyone over 18 can file for a name change at any time, for just about any reason except to commit some sort of fraud.

The downside of doing it that way is that a new filing fee would be required, there may be somewhat more of a delay in getting the change ordered, and there could arguably be some confusion and hassle if someone's trying to figure out what your name legally is and assumes that what's in the divorce decree is correct.

In other words, it'll work either way, but that's probably not the first thing to try. If Mr. Daley's nunc pro tunc suggestion doesn't fly with the judge, though, you won't really have much other choice. Good luck!