Ask SingleDad: I Want My Ex to Change Her Last Name

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Ask SingleDad:

Changing Ex-Wife’s Last Name

Post
– Divorce Advice

Question: I don’t want my ex-wife to continue using my
last name. Can I take her to court to have her change it?

Answer from Cordell & Cordell men’s
divorce attorney Jennifer M. Paine

Probably not, unless she retains your surname
for fraud.

Although, traditionally, a woman assumes her
husband’s surname
at marriage and restores her maiden name at divorce, a woman may keep her name
or change her name to whatever she desires provided she does so without
fraudulent intent.

Chad Johnson

The same is true for men. Thus why the name
change of wide receiver Chad Ochocinco (Johnson) was allowed.

Examples of fraudulent intent include keeping
your last name to con health insurance companies for coverage as your wife and
using your last name to qualify for a mortgage as a married woman with a
certain “joint” income.

Unless you can show some fraudulent intent,
therefore, you probably cannot sue your ex-wife to change her last name.

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Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”