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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.

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Thompson Family Law
3949 Evans Avenue . Suite 206 . Ft. Myers, Florida 33901
239 936.5225
fax 239 936.2542

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