Can I change my last name as part of the Divorce?

Yes, in Texas, as part of the Final Decree of Divorce, you can go back to a maiden or other formerly used last name.

Parties to a divorce can request a name change to change their last name back to a prior used last name from before the marriage. This usually means a party going back to a maiden name. A Judge may not deny a name change back to a maiden name solely to keep the last names of the family the same. See Texas Family Code 45.105

Parties might keep their last name the same as the child(ren) to make enrollment and paperwork easier, or go back to a prior name, for a variety of personal reasons. It is the party’s choice if they want to go back to a prior name. A party many not forbid a party from changing their name, and vice versa, they may not insist that a former spouse change their name back to a prior name.


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