Legal Question in Family Law in Florida

How to restore maiden name in oregon after divorced in Florida

I was divorced in Florida in 1995, moved to Oregon in 1996. At the time of the divorce, I neglected to request that my maiden name be restored. Big mistake!

I want to file the papers myself to restore my maiden name. I just need to know what form(s) I must file at the local courthouse and where to obtain the form(s).

I can't afford an attorney to file this paperwork for me. If you can point me in the right direction, I would be very grateful!!

Thank you.


Asked on 1/10/98, 11:41 am

4 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Resumption of Private Name

I am not an attorney in either of the jurisdictions mentioned. It is my suggestion that you must file in the state of divorce. I suggest you go to a law library to look up the statute under the divorce code for resumption of maiden name. In Pennsylvania all one has to do is file an affidavit of intention to resume a maiden name and there is no time limitation. I also suggest you call the court clerk in Florida to determine if all you have to do is file an affidavit to resume your name and see if they can provide you with the form. It may be worth you while to pay an attorney to assist you as this is a very simple issue that should not cost much money. Either there is a time period for this election or not in Florida.l

This transmission does not create an attorney-client relationship. We will not represent anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific problem, seek the services of a knowledgeable attorney in your area.

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Answered on 1/14/98, 8:12 am
Regina Mullen Legal Data Services, PLC

You can do it yourself!

In follow up to the above response: you can save some time by asking a general practitioner to get the form for you. S/he doesn't have to fill it out, but that will save you some time and heck, they may do it for free since most states have a formbook and name change forms are common. Al they have to do is copy the form for you, if they chanrge you it'll be a nominal fee, less than 10 minutes. But, if you can do it by affidavit, that's easiest, and cheap.

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Answered on 1/14/98, 11:59 am

Resources, the availablity of legal services

The legal profession have the responsability under the law to make legal services available to the persons that can not afforded. Call the bar association of your state or city. Look for legal services corporation.Also look for divorce women support groups; they can have member that provide free legal services. Ask around.

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Answered on 1/14/98, 10:28 pm
Alan Pransky Law Office of Alan J. Pransky

Change of name after divorce

Just as you changed your name when you got married without a court order, you canchange your name again the same way. Under the commonlaw, you have the right touse any name you wish as long as you don't do it for fraudulent purposes. All youhave to do is start using your maiden name again and consistently use the name.You should notify the social security administration of your change in name andchange your driver's license, credit cards, and other forms of ID.

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Answered on 2/28/98, 10:08 pm


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