Can I change my last name after divorce to a modified family name?

Full question:

I signed my divorce papers on November 29th and am curious as to whether I can change my name back to my traditional family's last name which is slightly different from my maiden name. When my family came to this country, the first two letters of the last name were "dropped," and I would like those two letters back when I change my last name back to my maiden name. How would I go about doing this?

Answer:

In Texas, when a divorce decree is finalized, the court must grant a name change if you specifically request it. You can change your name to a name you previously used, unless the court provides a reason for denying the request. Importantly, the court cannot deny your name change simply to maintain the same last name for family members.

Once your name is changed through the divorce process, you can apply for a change of name certificate from the court clerk as outlined in Texas Family Code (Tex. Fam. Code § 45.105).

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.

FAQs

Yes, you can revert to using your maiden name after a divorce. In Texas, if you request this change in your divorce decree, the court will typically grant it. You can also choose a variation of your maiden name, such as adding or modifying letters, as long as the court does not have a valid reason to deny your request.