Need2AskALawyer Topic: Post Divorce Name Change

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Fathers Rights and Family Law for the Divorced Dad on SingleDad.com Learn the facts on Post- Divorce Name Change. Need2AskALawyer article section on SingleDad.com

Need2AskALawyer – Blog

Question About Changing Names
Post-Divorce
:

I
don’t want my ex-wife to continue using my last name after our
divorce. Can I take her to court to have her change the surname?

Answer from Cordell & Cordell
Michigan Divorce Attorney Jennifer
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. See, e.g., Piotrowski v Piotrowski, 247
NW2d 354 (Mich Ct App 1976).

The
same is true for men, thus, the name change of NFL wide receiver Chad Ochocinco
from Chad Johnson.

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.

You
should speak to an attorney in your area immediately if you need additional
legal advice or representation.
Cordell
& Cordell
has offices
located nationwide.

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!”