A common question we receive is whether a spouse is required to return to their maiden name upon the completion of their divorce. The answer is “no.” There is no requirement within the State of Missouri that a spouse return to their maiden name. The decision is ultimately up to that person as to whether they want to keep their married name, return to their maiden name, or even elect a completely new name.
If a person does want to return to their maiden name, or elect a new name, they should let their attorney know prior to signing any settlement documents, or before trial. The attorney can request that the court’s final judgment include a provision awarding the person their maiden or new name. This request will have to include the person’s full name, including first, middle, and last name. Then, once the judge signs the final judgment, the name change is considered “official” and upon receipt of a certified copy of the judgment, the person can then proceed to change their name with government entities, financial institutions, etc.
Some individuals choose not to change their name at the conclusion of the divorce, but then later change their mind. In that event, the individual should consult with an attorney about petitioning the court for a name change; which is a separate proceeding from the divorce.
For this, or any other family law questions, please reach out to one of the family law attorneys at Sandberg Phoenix.
