How to Nullify an Ex-Wife's Surname

It's up to your ex-wife to change her name, but you can take steps to make it worth her while.

There are legitimate reasons to want your ex-wive to stop using your last name. She may be engaging in credit-harming activities, for example. But nullifying your ex-wife's surname is a very difficult process because the decision is voluntary and rests solely with her. No one has "rights" to a particular name. You will have to convince your former wife to make that change.

Things You'll Need

• Attorney or mediator
• Social Security form SS-5
• Motion to modify divorce decree

Instructions

1. You must convince your soon-to-be ex-wife to go back to her maiden name before your final divorce hearing. Discuss it early in your mediation sessions. This is her decision. She can indicate her desire to return to her maiden name on the application for divorce. She will be asked again at the final hearing.

2. State the reasons you want her to revert to her maiden name. It will be helpful if the reasons are not purely emotional. If you have proof she is using your name and Social Security number to obtain credit while you are separated, this may help convince her to choose to use her maiden name. If she has engaged in any other abuses or fraud using your name, bring this up during mediation or divorce proceedings.

3. Consider adding a financial incentive. She might be convinced to take her maiden name back if you agree to higher spousal or child support payments, or other advantageous agreements that include property, investments, custody and visitation.

4. Put it in writing if she agrees to the name change. Ensure it is noted in the agreement, stated in court, expressed in the divorce decree and followed up with a change to her Social Security card, Internal Revenue Service filings, and on credit and financial accounts.

5. If the divorce is final and your ex-wife has not agreed to a name change, you need to modify your divorce decree. You will need to show good cause to get a judge to consider this after the divorce has been finalized. The best way to proceed is to have a signed agreement between you and your ex-wife in place before filing for a modification.

Tips & Warnings

• Your ex-wife can file a petition for a name change with the local government authority, and if granted, take that form to the Social Security Administration, IRS, creditors, motor vehicles department, vital statistics office and any other authority that requires an official name.

• You can expect this to be a contentious and adversarial process, as it is part of a divorce. Even with an agreement in place, there is no law or recourse to enforce it. Your best bet is to operate in good faith throughout the entire process with as much civility as possible.

References

• IRS: Five Filing Facts for Recently Married or Divorced Taxpayers
• Social Security Administration: Application for a Social Security Card