In Utah there is no statutory provision for restoring a wife’s birth or maiden name, but there is a statutory provision for changing a name by petition. Despite the absence of a statutory provision, during a divorce a spouse can ask a judge handling their divorce to restore their former name or birth name. The court can order the name change as part of the divorce decree, and a certified copy of the decree serves as legal proof of the name change. This must be done before the divorce becomes final. If not, the party will need to utilize the separate name change petition process.
“Any natural person, desiring to change his or her name, may file a petition … in the district court of the county where he or she resides, setting forth: (1) The cause for which the change of name is sought. (2) The name proposed. (3) That he or she has been a bona fide resident of the county for the year immediately prior to the filing of the petition.” [Utah Code Annotated; § 42-1-1]
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