Does restoring to the maiden name affect any rights and obligations of a widow in Arizona?
Full Question:
When I married I took my husbands last name. I have been widowed for 18 years and would like to change it back. My maiden name is still on my original birth certificate. Does this change anything as far as the process would go.
04/03/2017 |
Category: Vital Records |
State: Arizona |
#35047
Answer:
In order to restore the original name, a person has to file an application in the superior court in the county of the person's residence, setting forth reasons for the change of name and the name the person wishes to adopt.
Generally, in Arizona, a woman is not required to assume name of her husband upon marriage.
In Malone v. Sullivan, 124 Ariz. 469, 469–70, 605 P.2d 447 (1980), The court stated that, “[t]here is no Arizona statute that requires a change of name upon marriage.
A.R.S. s 25-325 provides that upon request of a wife whose marriage is dissolved or declared invalid, the court shall order her maiden or former name restored. This statute recognizes that a wife generally assumes her husband's surname at marriage and that she may wish to resume her former name after dissolution. The statute does not require that upon marriage a woman must take the name of her husband.” Id.
The relevant statute are as follows:
§ 12-601. Application; venue; judgment; sealing of record
A. A person who desires to change the person's name and to adopt another name may file an application in the superior court in the county of the person's residence, setting forth reasons for the change of name and the name the person wishes to adopt. The court may enter judgment that the adopted name of the party be substituted for the original name. The court shall consider the criteria under subsection C of this section in determining whether to enter judgment that the adopted name of the party be substituted for the original name.
B. The parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence. The court shall consider the best interests of the minor and the criteria that apply to the minor under subsection C of this section in determining whether to enter judgment that the name of the minor be changed.
C. A person who files an application for change of name shall indicate under penalty of perjury:
1. If the person has been convicted of a felony.
2. If felony charges are pending in any jurisdiction against the person for any offense under title 13, chapter 18, 20, 21, 22, 23 or 271 or any other offense involving false statements or misrepresentations about the person's identity.
3. If the person is knowingly changing the person's name to that of another individual for the purpose of committing or furthering the commission of any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements.
4. The person is making the application solely for the best interest of the person.
5. The person acknowledges that the change of name will not release the person from any obligations incurred or harm any rights of property or actions in the original name.
D. Notwithstanding any law to the contrary, a victim as defined in § 13-4401 or a prosecutor has standing to contest any legal name change at any time before the entry of judgment or up to one year after entry of judgment.
E. On entering a conviction for an offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity, the superior court may enter an order setting aside a change of name judgment or deny any pending application.
F. On request of a person who files an application for a change of name, the court may seal the change of name application and judgment. The information in the application and judgment shall not be disclosed and is not a public record. A person who obtained a judgment on or after January 1, 2009 may request that the court seal the application and judgment pursuant to this subsection. For the purposes of this subsection, “person” means a person who is protected under an order of protection or injunction against harassment or a person who is the victim of an offense involving stalking as prescribed in § 13-2923 or an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of § 13-2923.
A.R.S. § 12-602: Notice of application; effect of change on rights and obligations
A. If upon the filing of the application for change of name the court deems it proper that notice be given, it may order that notice of the application be given by publication or by service upon any party interested.
B. The change of name shall not operate to release the person from any obligations which he has incurred or is under by the original name, or defeat or destroy any rights of property or action which he had in his original name.
