Can you require your wife to change her last name (surname) in a divorce?  The short answer is no, you cannot.  You and your wife are free to use any name you want to within reason. Your wife is, therefore, free to call herself by any name that she chooses and to legally change her surname or keep it the same.

Although women frequently change their last name when they get married and will often change their last name again at the time of a divorce, there is no requirement for your wife to change her last name in a divorce matter.

The issue of whether your wife will choose to change her last name after a divorce can be complicated further if you have children together.

Of course, most things in a divorce are negotiable, and the issue of your wife’s last name is open to discussion like anything else. However, the final decision of what to have as a legal name is her decision alone.

Contact the attorneys at ADAM with questions regarding this or any other divorce and family law related issue.

About ADAM (American Divorce Association for Men)

The American Divorce Association for Men (ADAM) is a group of highly qualified attorneys who advocate for men’s rights in divorce, child custody and parenting time, paternity, support, property settlement, post judgment modifications, and other family law matters. Since 1988, ADAM has been aggressive, diligent, and uncompromising when representing their clients. A team of compassionate and skilled family law attorneys, ADAM is dedicated to being Michigan’s leading divorce attorneys for men and practices a policy of integrity in all dealings.