Name Change

In a divorce situation sometimes the wife wants her maiden name restored. The Courts will do this, after the Court makes a finding that such change of name will not defraud any third parties, such as creditors. Often when there are minor children involved, the mother will want to retain her married name, so she has the same last name as her children.

If wife or mother chooses to have her maiden name restored in a divorce situation, then a year later decides to have her married name back, my experience is that the Court will not change her maiden name back to her married name, for the simple reason that she is no longer married.

However, she can have her married name back, if she files a separate action for a name change. This action is more complicated that simply having the Court in a divorce case change her name. This action involves first obtaining a fingerprint-based criminal background check from both the C.B.I. (Colorado Bureau of Investigation) and the F.B.I. (Federal Bureau of Investigation), filing a separate civil action than the divorce, publishing notice in the newspaper regarding such action, and possibly having a hearing in Court.

You may look up Colorado Revised Statutes (C.R.S.) Title 13, Article 15, Sections 101 through 102 for further information.