Changing Your Name After Divorce

A big adjustment that may happen in your life is that you have the opportunity to change your name after the divorce proceedings.

The moment you choose to get a divorce, everything in your life will start to change. It could mean that you or your spouse will be moving out of the house. All the properties that you purchased at the time of your marriage will be divided. The custody of your children will also be affected. There is a possibility that the other spouse will be declared as the custodial parent. One of you will also be ordered by the court to pay for the child support.

Under the law, a divorced person has the right to change her name, according to a lawyer. You do not have to worry about this because it is really easy and simple. The first thing that you need to do is to secure a copy of an official application then fill it out with the necessary information. The form is available online so you can download it at the convenience of your own home. If you want to be sure that you will get the right form, you can go to the clerk of court and inquire about it.

According to the applicable statues, a woman who has validly divorced her ex-partner can change name to her maiden name, the last name of a former deceased husband or the last name of a former living husband, provided that she has a child who carries the said surname. However, the court does not automatically grant this. Under the law, there is a requirement for the filing of the petition for a name change. This can be done in two ways. The first way is upon the institution of the divorce case, the spouse who wants to change their name must include a prayer for such in their petition for divorce. The second way is to include a prayer for the name change in an answer to the spouse's complaint.

Upon filing the application form, you also need to present a valid photo identification card and pay the applicable fees. In the form, there is a requirement to indicate your current full name, your day of birth, current residence and the names of your parents. Most importantly, your form must contain the name that you wish to have after the divorce. The application form must be completed in the presence of a notary public or an authorized clerk of court.

It must be noted that the petition for name change is a special proceeding. The presence of a good attorney is highly recommended. When it comes to changing your name, you can seek for the assistance of a lawyer. He or she can take care of all the legal steps that are necessary to effect the name change. He can also protect your interests as you wait for the order of the court approving the name change.

Changing Name During a Divorce

There is also a chance that your name may change at the time of the divorce, which is something a  divorce attorney would help you through. However, the court does not automatically grant this. Under the law, there is a requirement for the filing of the petition for a name change. This can be done in two ways. The first way is upon the institution of the divorce case, the spouse who wants to change their name must include a prayer for such in their petition for divorce. The second way is to include a prayer for the name change in an answer to the spouse's complaint.

The court may change your name[1] to any of the following: your maiden name, the surname of your prior deceased husband or the surname of your prior living husband provided that you have children carrying the husband's surname. In the final adjudication of the divorce proceedings, the judge will include in his order not only the grant of divorce, but also the change of name. There is nothing to worry about in terms of litigation costs, because a petition for name change will not involve additional fees. In case you failed to file the petition for name change during the proceedings, you can still go to the clerk of court and present the final decree of divorce. However, this time, there is already a requirement for payment of a nominal fee.


References: [1]Changing Your Name


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