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Change A Last Name After Divorce | Resumption of Surname in NY

Kahn and Richardson - Friday, April 07, 2017

Resumption of a Pre-Marriage Surname – Changing Your Last Name After Marriage


The Domestic Relations Law of the State of New York provides that, in an Action or Proceeding brought under the Domestic Relations Law wherein at least part of the relief granted is Divorce or Annulment of a marriage, the Judgment or Decree shall contain a provision that each party may resume the use of his or her pre-marriage surname or any other former surname. The typical situation in which this arises is resumption by the wife of her maiden name or prior married name.


There is no obligation for either party to resume the use of a pre-marriage surname. He or she has the option to do so.


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