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Should I Change My Last Name During Divorce Or Wait?

April 16, 2025

Posted in Divorce

Divorce is a complex and emotional process that comes with many decisions, one of which is whether to change your last name back to your maiden name right away or wait until your children are older. While this decision is highly personal, there are several practical and logistical factors to consider and our experienced Manhattan Beach, CA divorce lawyer at Skarin Law Group can help you.

The Benefits Of Changing Your Name Through Your Divorce

One of the biggest advantages of changing your name as part of the divorce process is simplicity. Most divorce paperwork includes a checkbox that allows you to reinstate your maiden name as part of the court order. Going this route eliminates any additional paperwork, separate court filings, and potential legal fees that you might incur if you decide to change your name later.

Many women who have gone through this process appreciate how seamless it was when handled as part of the divorce. One mother shared that she changed her last name while divorcing with a baby and a toddler and has had no difficulties because her last name was different than theirs in the ten years since. She traveled extensively with her children, switched school districts, and even had her daughter’s ears pierced without any issues.

The Emotional And Psychological Aspects

Beyond logistics, there is an emotional component to consider. Some women feel a strong desire to reclaim their identity by reverting to their maiden name. If your married name carries painful memories or a connection to an unhappy past, returning to your maiden name may provide a sense of closure and a fresh start. Additionally, if your ex-spouse remarries, keeping your married name may create unnecessary confusion, especially if his new wife takes the same last name.

On the other hand, some parents worry that having a different last name than their young children may cause confusion or emotional strain. This is especially relevant if your children are very young and still forming their sense of family identity. However, many parents who have made this change report that their children adjusted easily, and any initial concerns quickly faded.

Potential Inconveniences Of A Different Last Name

A common concern among parents considering a name change is whether having a different last name than their children will cause complications in daily life. Here are some key areas where this may arise:

  • Travel: Many parents worry about traveling internationally or domestically with a different last name than their child. However, this is rarely a significant issue. If traveling alone with your child, carrying a copy of their birth certificate or your divorce decree (which lists your previous married name) is often sufficient. Some countries may require additional documentation, such as a notarized letter of consent from the other parent, but this would be necessary regardless of last names.
  • School Paperwork: Schools typically accommodate various family structures, and it is increasingly common for parents to have different last names than their children. Informing the school upfront and ensuring all necessary documentation is in place can prevent any administrative hiccups.
  • Medical and Legal Situations: Medical offices, insurance providers, and legal entities typically operate based on official documentation rather than last names alone. Keeping copies of your child’s birth certificate and any necessary court documents can help streamline these interactions.
  • Everyday Situations: Occasional minor inconveniences may arise, such as explaining your relationship to your child in casual interactions. However, many parents report that these situations are rare and easily addressed.

What If You Want To Wait?

If you are unsure about changing your name now, you can always wait. However, keep in mind that changing your name later will require filing a separate name change petition, potentially attending a court hearing, and updating all of your legal documents again. This process can be time-consuming and costly compared to handling it as part of your divorce decree.

Final Thoughts

Ultimately, the decision to revert to your maiden name during or after divorce is a personal choice that depends on your circumstances, emotions, and practical considerations. If simplicity and efficiency are priorities, changing your name as part of the divorce process is often the best route. Most parents who have done so report little to no inconvenience regarding travel, school, or daily life with their children.

Conversely, if you feel a strong emotional connection to your married name or are concerned about your children’s adjustment, waiting may feel like the right decision for you. Whatever you choose, both options are valid, and your identity as a mother is not defined by your last name, but rather by the love and support you provide for your children.

Manhattan Beach, CA Divorce Lawyer FAQs

Divorce Law FAQs

If you’re searching for reliable answers about divorce in Manhattan Beach, you’re not alone. The process can feel confusing and emotional, but working with an experienced divorce attorney makes a difference. There are more than 170,000 licensed attorneys in the state of California. Of these, fewer than 1,500 have earned the designation of Certified Family Law Specialist. Within this select group, Matthew K. Skarin stands out as the only one who is also a Certified Public Accountant. The combination of skill and insight that a CPA and Certified Family Law Specialist can bring to financial family law matters, including divorce and property division, is unparalleled. Skarin Law Group is here to protect your rights, guide you through the legal process, and help you make informed decisions about your family’s future. Schedule a consultation today to discuss your specific situation with a qualified professional.

How Long Does A Divorce Take In Manhattan Beach, CA?

It depends. A California divorce takes at least six months from the date the responding spouse is served, but the process can take longer if there are disputes over property, custody, or support. The more both parties agree on, the faster the case moves forward.

Is California A No-Fault Divorce State?

Yes. California is a no-fault state, which means you don’t need to prove wrongdoing or blame your spouse to get divorced. Most divorces cite “irreconcilable differences” as the reason, focusing on fair division rather than fault.

Do I Have To Go To Court For A Divorce?

Not always. Many divorces can be settled through negotiation, mediation, or collaborative law outside the courtroom. However, if you and your spouse can’t reach an agreement, a judge will need to make the final decisions during a court hearing.

How Is Property Divided In A California Divorce?

California follows community property laws. This means that most assets and debts acquired during the marriage are divided equally between spouses. Having an attorney like Matthew K. Skarin—who is both a Certified Family Law Specialist and CPA—can be invaluable for uncovering hidden assets and achieving fair division.

Can I Get Spousal Support After Divorce?

Yes, depending on your situation. California courts consider several factors, such as the length of the marriage, each spouse’s income, and earning potential. Temporary or long-term support may be awarded to help a lower-earning spouse maintain financial stability during and after the divorce.

Moving Forward With Confidence

Divorce is never easy, but you don’t have to handle it alone. Working with our trusted Manhattan Beach divorce attorney can make the process clearer and less stressful. Skarin Law Group combines deep legal knowledge with financial expertise to protect your interests from every angle. Our team takes the time to understand your goals, explain your options, and create personalized strategies that support your long-term peace of mind. Reach out today to take the first step toward a fair resolution and a new beginning.