Name
Changes - As Part of Divorce
A woman
may change her name when she is married. She may just as easily change
her name as part of a divorce. The request to change her name is included
in her petition or counter petition for dissolution. The petition and
counter petition can usually be amended if a wife doesn't realize she
wants to change her name until later in the divorce. Florida Statute
68.07 simplifies the name change process when the name change is part
of a divorce. There is usually no additional cost to include a change
of name as part of the divorce.
It
was once difficult for a woman to change her name when she had minor
children. Many courts felt the change was not in the child's best interests.
It was considered a stigma for the child.
Many
mothers do not change their last names in the divorce because of concerns
their children may have difficulty explaining why their name is different
from their mothers'. This concern was probably true when the divorce
rate was low. When more than half of all marriages end in divorce and
remarriage, as they do today, this problem will often occur anyway upon
the mother's remarriage.
The
law in Florida is now clear. Unless there is direct evidence of harm
to a child, a mother has the right to return to her maiden name. She
can routinely change her name as part of the divorce. She may also change
her name after the divorce should she later decide this is appropriate.