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State Support Forums >> California
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hayduke
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Reged: 04/28/08
Posts: 4
Exe's use of last name
      #199986 - 04/28/08 01:27 PM (204.58.180.206)
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My wife and I have been divorced for 1.5 yrs. We were married for 7 yrs. We have no children. We are both in our 20's.

When we married, she took on my last name by hyphenating hers (e.g. Sara Smith-Jones).

She continues to use the hyphenated name. What is the process to change ones name legally? Do I have any ability to request she cease use of my last name?


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Qweenee
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Reged: 05/02/08
Posts: 11
Re: Exe's use of last name [Re: hayduke]
      #203366 - 05/09/08 06:07 PM (66.15.1.220)
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yes you can request she stops using your last name, because when my BF went to court his attorney asked him if he wanted his name back. He didn't go there because he didn't want to deal with her about that. I would have said %#** Yes!! I wouldn't want her associated with me!!!!

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movingon2
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Reged: 12/06/07
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Re: Exe's use of last name [Re: hayduke]
      #203629 - 05/10/08 11:02 PM (72.218.63.100)
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I believe it is up to the wife to choose whether or not to revert back to her maiden name. The husband does not have the say so due to the fact that if children are borne to the marriage the mother has the right to maintain the last name of the children.

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Qweenee
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Reged: 05/02/08
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Re: Exe's use of last name [Re: movingon2]
      #204023 - 05/12/08 04:15 PM (66.15.1.220)
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My Bf's attorney asked him if he wanted to request that in court. He can say I don't want her using my name and then it would be up to the judge or mediator to the final decision.

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movingon2
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Re: Exe's use of last name [Re: Qweenee]
      #204187 - 05/13/08 10:01 AM (72.218.63.100)
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He shouldn’t get his hopes up. His chances are slim to none if the stbx wife is not willing. Even in a marriage without children a judge will not grant that. Her current last name belongs to her legally. What if the wife has established herself professionally using her married name? Again, it is extremely unlikely that any judge is going to force her to go back to using her former name if she doesn’t want to. Looking on the bright side, the offended stbx husband could always change his last name ;)

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