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It is not at all unusual for a woman to want to re-take her maiden name (or even a prior married name) as part of a divorce. More women might do this except it sometimes means that the children of the marriage will end up with the ex-husband’s last name and it would then be different than their mother’s.

Taking back (re-taking) a name you had before marriage is simple and inexpensive; however, a child has no previous name to re-take. For a child to end up with the same name the mother re-takes (or any other name), a petition must be presented to your local court through a local lawyer to actually change – not re-take – the child’s name.

This is neither simple nor inexpensive. The child’s other parent must be notified and will need to consent to such a change. The same reasoning applies when a divorcee seeks to change to an entirely different name, rather than re-taking one from the past. A change of name can cost one to two thousand dollars, which is why it is seldom done.If you have things to settle I can help you. I urge you to call me, Monday through Friday, noon to 3 PM, toll-free at 1-800-486-4070, BEFORE you begin your case, for an absolutely free consultation about your particular situation. Alternatively, you can read our free information guide which answers many questions you may have before your divorce.