Resuming Use of Maiden Name Without Divorce

by Marie Murdock

    A woman often resumes the use of her maiden name after a divorce. However, you may choose to reacquire your maiden name while still married. For example, if you were to inherit a business in your family surname or start a career separate and distinct from your husband’s, you might want to reacquire your former name. Alternatively, you may have become widowed after a brief marriage and would prefer to resume the name you acquired at birth. The process for resuming your maiden name varies by state.

    Still Married

    If you are still married and residing with your husband, you can change your name with a name change decree. The name change process begins with filing a petition for name change with the appropriate court in your state. In many states, name changes are within the jurisdiction of the probate court. In some states, however, petitions are filed in the circuit or superior courts. Some state laws require a court hearing and public notice of your petition in a local newspaper. Other states may award the name change decree based strictly on the facts contained in the petition, background checks, affidavit or other required documentation. State law may prohibit your request if you have felony charges pending or are changing your name in an attempt to avoid creditors or for other fraudulent purposes.

    After Husband’s Death

    If you wish to reacquire your maiden name after the death of your husband, many states require you to follow the typical name change procedure. In North Carolina, however, state statute provides for a widow to resume her maiden name by simply filing an application with the court stating the full name of her deceased spouse and attaching a copy of his death certificate.

    Usage

    Some states allow name change by usage. With this method, you would begin using a desired name and continuously identify yourself by that name so that, in time, you become known to all those surrounding you and those with whom you transact business by your new name. As identity theft increases, this name change method has become more difficult to achieve as government and other business entities require identification to complete certain transactions. If you are recently married and have not yet formally changed your legal records, such as identification, from your maiden name, you should have little problem resuming its use without further documentation.

    Documenting Change

    Provide certified copies of the court decree or document changing your name to the Social Security Administration, Department of Motor Vehicles, voting registrar, financial institutions and others with whom you transact business. Be aware, however, that these entities may refuse to change your name in their records if you are unable to provide documentary proof as to your current identity, as would be the case with the usage method of name change.

    About the Author

    Marie Murdock has been employed in the legal and title insurance industries for over 25 years. Murdock was first published in print in 1979 and has been writing online articles since mid-2010. Her articles have appeared on LegalZoom and various other websites.

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