Legal Question in Family Law in Wisconsin
Marriage Name Change
When we married, my husband took my name. We are now divorced and he still uses my name. I do not believe he ever officially completed any paperwork to make this name change. Legal?
1 Answer from Attorneys
Re: Marriage Name Change
When you say that your husband "took" your name when you got married I assume that his surname name was listed to be changed to yours on the marriage license. This would have allowed him to make the change on his driver's license, Social Security etc. If so, then he HAS officially changed his last name to yours.
After divorce he would need the divorce judgment to provide that he has the right to CHANGE IT BACK TO HIS OWN. Without that he cannot change it back officially.
However, Wisconsin permits a common law change of name. ANYONE can assume a different name so long as it is not for an improper purpose. However MVD won't change the name on a driver's license and the federal government won't change his name on his social security card.
As you describe it your EX may be stuck with your last name unless he officially goes to court to change it back.
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