Full question:
I am a divorcee who lives in Michigan with a minor daughter. I had not changed my present surname to my previous surname which I had before marriage even after the divorce. Is it possible to change my surname now?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Michigan
Answer:
In Michigan, the provisions related to changing the surname of a divorced woman during the entry of a decree in divorce proceedings is dealt under § 552.391. It reads as follows:“The circuit courts of this state, whenever a decree of divorce is granted, may, at the instance of the woman, whether complainant or defendant, decree to restore to her birth name, or the surname she legally bore prior to her marriage to the husband in the divorce action, or allow her to adopt another surname if the change is not sought with any fraudulent or evil intent.”
Thus, the court is empowered to allow a divorced woman to restore her surname before marriage upon entry of a divorce decree. However, the statute specifically states that one should not seek the change with any fraudulent or evil intent.
Further, MCL § 711.1. provides for changing name of an adult, minor, or spouse and minor children. It states that:
Sec. 1. (1) The family division of the circuit court for a county may enter an order to change the name of an individual who has been a resident of the county for not less than 1 year and who in accordance with subsection (2) petitions in writing to the court for that purpose showing a sufficient reason for the proposed change and that the change is not sought with a fraudulent intent.
In Piotrowski v. Piotrowski 1 the Michigan court of appeals has held that under common law a person may adopt any name he or she wishes, provided it is not done for fraudulent purposes. It is not required that a person approach courts to establish a legal change of name. Though a woman changes her name upon marriage, nothing forbids her from changing her name back to her maiden name if it is not done with any fraudulent intent.
Thus, in Michigan a woman may change her name back to her previous name under common law or under statute. Therefore, you can change your surname now either approaching a court or your own, provided, it is not done with any fraudulent intent.
1 Piotrowski v. Piotrowski, 71 Mich. App. 213, 216; 247 N.W.2d 354, 355 (1976).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
