Legal Question in Family Law in Washington

Using Maiden name in remarriage

I was married to an abusive alcoholic and, unforunately, took his last name. When we divorced, I never changed my name back to my maiden name, though I should have. I am getting remarried in a few months and I was wondering if I can still legally use my maiden name for the ceremony (i.e do you Jane Doe, take this man, etc). I don't care about the marriage license and certificate (legal documents), but I really don't want to hear my horrible ex-husband's name used during my wedding ceremony. Is it alright to use my maiden name for the ceremony even though it is not my legal last name? Will the marriage still be valid? Thanks!


Asked on 11/11/08, 11:31 am

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Using Maiden name in remarriage

Short answer: Go ahead and use your maiden name.

Interestingly, this matter has been addressed in an Attorney General Opinion from 1928 and again in 1985. The latter opinion can be found at http://www.atg.wa.gov/opinion.aspx?section=topic&id=8024, and it quotes the WA Supreme Court as follows:

"Under well established principles of common law, a person is free to adopt and use, absent a statute to the contrary, any name that he or she sees fit so long as it is not done for any fraudulent purposes and does not [[Orig. Op. Page 3]] infringe upon the rights of others. . . . "

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Answered on 11/11/08, 12:58 pm


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