Section 7-105 of the Family Law Article of the Maryland Code permits a party in a divorce to change their name from their married name to either their birth-given name or any other former name they have used, as long as it is not for an illegal, faudulent or immoral purpose. The name change is free if you ask for it at your divorce hearing.

So why doesn’t everyone change their married name when they get divorced?

Some people have established an identity and a career under their married name.  Others want to have the same name as their children.  And it is a hassle to deal with all the red tape that a name change involves, like a new social security card or a new driver’s license.  Read more about name changes in divorce at Answerology.com.

I saw a tv show where the lawyer called his witness to the stand.

“Please state your name in a loud and clear voice for the court,” said the lawyer.

“Objection!” shouted the opposing counsel rising to his feet.

“Basis?” said the judge peering over his glasses from the bench.

“Hearsay, Your Honor.  The witness has no personal knowledge of his name.  He has only heard it from other people and those are inadmissable as out of court statements.”

Real life lawyering, alas, is not like television lawyering, and I once had a judge say to me, “Counsel, if you really want to make a hearsay objection to every school and medical record, we are never going to get through this trial.”

As it turns out, under the common law, you can call yourself by any name you want to call yourself, as long as it is not done for an illegal, fraudulent or immoral purpose.  You do not need a court order to do so.

But if you want to change your name on your driver’s license, voter registration or social security card, the agencies involved will usually require you to get a court order.

One way to do this is in a divorce.  Family Law Section 7-105 provides that the court shall change the name of a party to either the name given at birth or any other former name the party wishes to use.

Sometimes people like to keep their married name even after a divorce.  Maybe they have built up a business reputation under that name or they want to keep the same surname as the children.  One question I get from time to time is, “Can I make my wife stop using my surname after a divorce?”  The answer is no since people have a right to call themselves by any name they wish.

What if you want a new name that you haven’t used before?  The divorce court cannot do it, but Maryland Rule 15-901 provides another way to obtain a court order changing your name by filing a Petition for Change of Name and publishing notice in the newspaper.