Married Woman’s Retention of Former Surname

No statute or judicial decision in Florida requires a woman to take her husband’s surname when they marry. Based on custom, a woman may change her surname to that of her husband, but the law neither compels her to do so nor automatically converts it for her. Thus, a married woman may legally retain her former name by choice, intention and use.
A woman who uses her husband’s surname has a right to subsequently establish her former surname as her legal name if desired. Any person who wishes to change his or her name must file a petition for name change and comply with the statutory requirements.
A woman may also have her former name or maiden name restored in a final judgment of dissolution of marriage or divorce. Some women choose to retain their married name if there are children of the marriage. Most judges require that a wife testify that she has not declared bankruptcy under her married name, has not been adjudicated a felon, does not have any money judgments entered against her in the married name, and is not seeking a name change for any fraudulent or improper purpose.

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Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.