One provision that needs to be considered in drafting a divorce settlement in Alabama or in preparing for a divorce trial is the last name preferred by the wife post divorce. This is not entirely the wife’s decision. If she wants to go back to using her maiden name as her last name, court’s will allow that upon request. She may also petition the court to resume using a previous married name. Finally, she may choose to retain the married name.
However, if the husband objects the domestic relations court has the authority to prevent the wife from using his last name. This situation is fairly uncommon, and would likely be denied by the Court if there are any minor children from the marriage using the husband’s last name.
Jim Parkman and William White help you consider every option when representing you through the Alabama divorce process. If you want to know how to reinstate your maiden name, or you want to prevent your wife from using your name, contact our Alabama family law attorneys at 205-502-2000.