Legal Question in Family Law in Texas

I recently got married and took my husbands last name. His exwife kept his last name, presumably for the kids. As of earlier this month, both of their children have graduated from high school. I can't think of any reason why she would want to keep the same last name at this point, and I would rather be the only one with my husbands name. I realize this is strictly an "emotional" preference, but it might also be good to avoid any credit bureau cross-over mistakes, retirement benefits, etc. It was not specified in thier divorce decree that she must change it back, so I'm wondering if there is any legal route we can go to make this happen? We do plan to ask her first, which seems awkward that we have to because I don't know why she would want to maintain the name, but in the event we ask her and she says no, I want to know what our options are, if any. They have a very amicable divorce and there are no bad feelings so I'm hopeful that she will be agreeable. Can you help please?


Asked on 6/14/10, 4:49 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You cannot make a person change their name!

She probably wants to keep "her" name because it's the name she is used to having for many years and people know her by that name.

Your "reasons" don't hold up - for example the credit bureau uses ss# and birth dates,etc.

You have no options.

No judge can make her change her name.

There is no lawsuit that you can file to make her change her name.

Sorry!

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Answered on 6/15/10, 9:11 am


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