Considering the very thought of getting a divorce can be nerve-wracking, the idea of trying to find the answer to “how to change your name after divorce” is the last thing you want to think about.
Our name fundamentally shapes our identity. It’s a way for us to present ourselves to the outside world and is connected to our individual histories, accomplishments, and memories.
Regardless of the kind of divorce they had, a lot of people decide to take back their previous name or get a new one as a symbolic way to start again.
A prosperous businessperson might, for instance, have a great desire to reclaim a professional identity that was formerly associated with a maiden or premarital name.
After a divorce, changing one’s name was a very effective way to redefine oneself and start over. It is an individual choice with practical and emotional ramifications.If you have recently gotten divorced or are planning to get one, you might be wondering how to get back your ‘maiden name’ after getting a divorce.
How To Legally Change Your Last Name After Divorce?
The first way to legally change your name after divorce is by filing a name change request with your divorce petition.
You have to make sure that the divorce decree has your changed name. Additionally, I would advise you to double-check the decree to use the same document for effective further action.
You will then need to change your name after the divorce by using your divorce decree to change your name in various agencies and government establishments.
By using your divorce decree, you can change your name after divorce in the following areas:
- The Social Security Administration (SSA)
- Your bank
- Your child’s school
- Your credit cards
- Your employer
- The Department of Motor Vehicles (DMV)
- Anywhere that bears your marital name, like financial accounts
Additionally, update your name in the voter’s registry and passports. The process of changing your name after divorce tends to vary in states of the US.
In most states, you can easily request the divorce court to enter a formal process to change your name.
The court ordering your name change will be the formal and the only official proof of changing your name.
This is because you are formally changing your married name to your maiden name, which provides legal and official proof.
Additionally, if you apply to change your name during the divorce process, it would be much easier to achieve the process than changing your name after divorce proceedings.
Questions to Ask Your Divorce Attorney
Before you choose a particular divorce attorney, it is best that you ask certain questions. These questions will ensure that you have a clear mind. Additionally, you will be able to make an informed decision.
After acquiring a certified copy of your divorce with a name change, you can change your name in every area that bears your married name after the divorce.
• Financial institutions like bank accounts
• Identification cards like SSA certificates and voter cards
• Subscription services
• Any place that bears your married name and you want to change it to your married name
If you see your name has not been changed in the divorce decree, other options are available for you.
Some courts will provide you with the provision of accepting a request in its order to include language changing your name.
If the court still does not accept your order, you are still vested with the right to change your name after divorce. This is especially true when you are seeking to change the last name that you took after getting married.
In some states, you have the liberty to change back to your maiden name after getting a divorce. This will allow you to change your name in every personal record that carries your married name.
Many courts will state that the father has the ability to assert his right to continue keeping his name for the child after the divorce.
This is only applicable if the father still performs his duty as a parent to the child after the divorce.
Due to changes in social norms, now we can see a child with two fathers or mothers.
The court will look at the best interest of the child before taking any considerations regarding a change in name after a divorce.
The factors that will be determined by the court before approving the change of name of a child after divorce are as follows:
• The age of the child
• The strength of the parent-child relation
• The length of the child has used the parent’s name
• Any negative effects that might be faced by the child if the name is changed
• Any benefits to the child due to name change, like parents remarrying
However, you are advised that the change of the name of your child does not affect their legal relationship with your ex-spouse.
This means your child will still have the following rights:
• Visitation
• Child support payments
• Inheritance and intestacy rights.
This means only the court has the authority to change parental responsibility and rights.
The cost of changing your name generally depends on the decree of your divorce.
You can expect to pay only for acquiring the certified copy of the order.
You are advised to check with the clerk who has handled your divorce case to determine the actual cost of changing your name after a divorce.
Getting A Divorce? Consider Seeking Professional Help!
The emotional distress of splitting a family can be heart-wrenching.
Even so, it is best to seek assistance from a good and experienced family lawyer to change your name after a divorce.
The ability to effectively get guidance from an experienced family lawyer specializing in divorce law will help you change your name after a divorce.
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