There are two types of name changes that occur in a family law case: the restoration of the Wife’s name to her maiden name or other previous name and the changing of the name of a minor child in a divorce or custody case.
In a divorce case, if you are the party seeking to have your maiden or other name restored you should indicate such in either the divorce petition or the response, depending on your status in the case. That being said, you do not have to make the decision right away, but it helps to indicate from the beginning that this is something you are considering. So long as you raise the issue with the court prior to the decree of dissolution entering you can change your name as part of the proceedings. It should be noted that the other side has no say or control in terms of your requested name change. Fortunately, statute (C.R.S. 14-10-120.2) also authorizes the filing of a request to restore a maiden name after the decree enters, should someone change their mind later on. Continue reading