What Is The Legal Process For Name Change After Divorce?
Time to get acquainted with the legal process of a partial or complete name change after divorce.
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In This Article
It is usual for women in the US to change their names after getting married, though there is no law mandating it. In the event of a divorce, you may revert to your maiden name without much hassle. However, name change after divorce is confined to restoring the maiden name, and it does not require any legal proceeding. But if you wish to change your name completely, you may have to go through certain legal formalities. For example, you may proceed to change your name through the decree of divorce or may need to file a name change petition depending on the manner of name change involved. Read on as this post gives you an insight into both processes.
Name Change Through The Divorce Decree
This is generally considered one of the best and more hassle-free methods to change your name after a divorce. In this method, you can request a name change during or after the divorce process or trial.
a. Name change during the divorce process
In most US states, the divorce petition will have a provision asking you if you would like to change your name. If this is not present in the petition or in case you have missed it, the final divorce order has a section wherein you can request a name change. Alternatively, you can also include a name-change proposition in your marital settlement agreement.
The court will look into your case, and ask questions to determine if your intentions are reasonable and if you are going back to the exact legal name you had before getting married. Once the court is satisfied with your answers, it will pass the order along with your divorce decree.
You can then get a certified copy of the decree to change your name on legal and social documents, such as Social Security card, driving license, and passport.
Documents required
If you are requesting a name change through a divorce decree, then you might need a “request to restore maiden name” or “request for a name change” on your divorce forms. As the laws differ from state to state, it is best to consult a professional lawyer to determine if any additional documents are required.
b. Name change after the divorce process
In case you missed the process or weren’t able to change your name at the time of your divorce, you can make changes to the final divorce decree. As the legal name-change process differs from state to state, it is wise to consult with your state clerk or divorce lawyer. For instance, in California, there is a separate form, FL-395, for this purpose.
In some states, you can restore your former name without much hassle if you have a proof of that original name, such as a birth certificate or an old passport. You can start using your former name and request a name change in your personal records.
Documents required
- Name change request form, photo identification, and Social Security number in case you decide to change the name later
- Certified divorce decree
- Any additional documents as per your state laws
Name Change Through A Petition
Another way to change your name after divorce is to complete a government-issued petition for a name change. You need to fill in all the information, sign it, and file it in the court. After your petition is passed, some states may require you to publish an official notice in a newspaper to inform the public about your name change.
The documents needed vary from state to state, so it is best to check your state’s website or talk to a professional lawyer.
What Is The Time Limit And Cost For Change Of Name?
There is no time limit to change your name after the divorce. You can proceed with the change along with your divorce decree, or do it after you get the divorce finalized. However, you will need the finalized copy of the divorce decree to change your name in the official documents.
If you opt to change your name during the divorce process, then it may not involve any extra costs. However, if you intend to change your name after the decree is finalized, then you may have to pay a nominal fee. This might vary from state to state; therefore, consult your lawyer or state clerk for details about the fee.
Changing Your Child’s Name After Divorce
During the divorce, you can also request the court to change your child’s last name.
You need to file a name-change petition to change your child’s name. The court would consider this petition if it is in the child’s best interest. It considers various factors, such as:
- Age of the child
- Period of time the father’s last name was used
- If you are the primary custodian of the child
- Strength of the mother–child relationship and the father–child relationship
- Any harmful effects if the name of the child is changed
- Benefits of changing the name
- Any specific need to change the last name (in case the child is being adopted by the stepparent)
Frequently Asked Questions
1. Why do some divorced women keep their married name?
Some women may wish to continue for a few rational reasons, such as a desire to have the same last name as their children, or professional reasons, such as not changing the brand they have built around their name. At times, they may identify more with the ex-husband’s last name than the maiden name.
2. Can I sue my ex-wife for keeping my last name?
No, there is no rule against the wife using the ex’s last name after divorce. If you are uncomfortable with your wife using your last name, you may consider options such as negotiating with them or hyphening the last name with their maiden name. However, if your wife is unwilling to let go of your last name, there isn’t much you can do but accept and move on.
Though there is no time constraint, you may proceed with the name-changing process after your divorce is finalized. If you wish to apply for a complete name change after divorce, it is easy to make the changes in the final divorce decree. Being aware of the procedure and documents required could simplify the process for you. Also, this process is varied among different states. Hence, it is vital to read through your state’s website or consult an experienced divorce lawyer to carry forward the proceedings on your behalf.
Key Pointers
- You can change your name during the divorce process or include a name-change proposition in your marital settlement agreement.
- After divorce, you will need to complete a government-issued petition for a name change. You can also change your child’s name through a request.
- Changing your name during the divorce process doesn’t involve additional expenses.
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