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  #1  
Old 03-10-2014, 12:09 PM
justleft justleft is offline
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I've been toying with the idea of reverting back to my maiden name. My divorce is not yet final but has been filed. I spoke to my kids about it and they are ok with it. My ex is strongly suggesting that I do, not that his opinion matters.

My question is about when to change it. I am about to change my will to incorporate the conditions of our SA. I don't want to have to make the changes with my married name then go back again and have to redo anything because of my new name (I am exhausted in paying lawyer fees!). Does anyone have any experience with this? When would be the best time to change if I choose to do so?
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Old 03-10-2014, 02:03 PM
stripes stripes is offline
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I don't see the end to wait until your divorce is final. You don't have to use his name. I was married for 20 years and never used my ex's name. My suggestion would be to check with the provincial driver's license registry (or CAA, if you have a membership) to see want they require to change the name on a driver's license. The driver's license is the most basic piece of ID), then once that's changed, change all your other information (bills, employment, etc) using the new name on the driver's license.

As for the will, I believe you can go ahead and make the changes immediately, even before your last name is changed, and then add an amendment later along the lines of "all references to the name Jane Smith shall be understood as applying to Jane Brown". However, I'm not sure about this.
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Old 03-11-2014, 08:48 AM
justleft justleft is offline
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thanks stipes
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Old 03-14-2014, 10:26 AM
KMF KMF is offline
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I know I'm probably wrong, but unless you legally change your last name, I think your maiden name is always your legal name. There must be a difference between a legal name change and assuming someone's last name, or you'd be filling in the same forms and paying the fees involved. I've always kind of gone by my maiden name for some things and my assumed for others. I was told I could keep my passport in my maiden name or change it to my married name and that it was up to me.
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Old 03-16-2014, 10:16 AM
smileandwalkaway smileandwalkaway is offline
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KMF is correct. What ever appears on your birth certificate is your legal name. If you never changed your birth certificate to reflect your married name then your maiden name has always been your legal name and you only assumed the married name. At anytime you can proceed to change the name on your documents. I did mine after the divorce was final. I waited until I felt my kids were old enough to understand/not be overly confused that I have a different name from them or their father. The transition was extremely smooth for us and I felt great returning to my maiden name.
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Old 03-17-2014, 12:47 PM
justleft justleft is offline
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I went and had my will changed today and asked my lawyer about the name change issue. He said that when it comes to my Will it will be in my married name and I do not need to make any additional changes after my name is changed. The Will will reference my SA.

I have spoken to my kids and they are fine with me changing back to my maiden name. KMF is correct about the actual "legalities" of the name change as long as I didn't do a "legal" name change when I got married. I guess some women do the full legal name change and have their birth certificates changed to the married name. I have only assumed my ex-husbands name and I am now ready to re-assume my name. It is a hassle at most trying to get in touch with all the right people to do so. He said not to bother changing my name on my new mortgage or deed as it costs money and isn't worth the hassle. I can make the change to name when the mortgage comes up for renewal and the deed can stay in my married name but if/when I sell I will have to sign in my married name.

To re-assume my maiden name I'll need my divorce decree as well as my birth certificate to start the process. Best place to start is Service Ontario with the D/L and Health Card then go from there. I'll need the new ID for changes at the banks, passport, investments and whatnot.

Thanks for the input
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Old 03-18-2014, 01:26 AM
Pursuinghappiness Pursuinghappiness is offline
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Quote:
To re-assume my maiden name I'll need my divorce decree as well as my birth certificate to start the process. Best place to start is Service Ontario with the D/L and Health Card then go from there. I'll need the new ID for changes at the banks, passport, investments and whatnot.
Good information.

I have to change documents in both Canada and the U.S. so this process is going to be a huge pain for me. Its also unnecessarily expensive for some documents that I have to replace.

Although the idea of keeping my ex's name one minute post divorce is distasteful, I'm going to be getting engaged as soon as my divorce is final so I think I'm actually going to just hold off on getting my name changed until I remarry. The whole process is just too cumbersome.
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