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Why Is It Important to Decide at the Time of Your Divorce Whether to Keep Your Name or Go Back to Your Maiden Name?

At the time of filing the petition of dissolution of marriage, you must plead that you want to go back to your maiden name if that is what you wish to do. If you want to keep your current name, you do not have to do anything. If you do not plead regarding your maiden name in your petition for dissolution, and change your mind that you want to go back to your maiden name while the case is pending, you will have to amend your pleadings.

To go back to your maiden name during the dissolution proceedings, you must fill out an affidavit with the court stating that you have not filed for bankruptcy in your current name and that you do not have criminal charges or convictions in your current name.

If you keep you current name, but decide after the divorce that you want go back to your maiden name, you will have to file a Petition for Name Change with the court. You will need to pay a filing fee with the clerk to do this. You will have to list all the places you have lived during your life time from birth.

That is a very time consuming process. However, you can avoid that, by carefully deciding at the time you file a petition for dissolution of marriage, if is beneficial for you to keep your current name or go back to your maiden name.