Getting a Legal Name Change after Divorce

Getting a divorce can be mentally and emotionally draining. However, it is important to keep calm, and go through with the necessary legal proceedings as soon as possible. One such legal aspect that stumps most people is the seemingly convoluted processes involved in changing one’s name. With more and more women opting to use their maiden names after a divorce, the courts have simplified this process, and in most cases, this clause is included in the divorce decree, upon request.

It is necessary to update all the legal documents to reflect the changed marital status and the new name after the divorce, especially if a woman is adopting her maiden name after the separation. This will also be the first step towards a new life, and symbolizes an acceptance of divorce. So, remember that it is never too late to get a legal name change after the divorce, no matter how long it has been since your divorce.

When the divorce decree does not contain an order for changing the name

The intricacies of changing one’s name after a divorce vary greatly depending on the jurisdiction. However, in most cases, when the divorce is finalized, you can still request a court order regarding your name change. You can then use a copy of this court order to get the name changed after the divorce on your legal documents such as bank accounts, driving license, ID cards, etc.

For example, California allows the party to file an Ex Patre Application for Restoration of Former Name After Entry of Judgement of Order, also known as FL-395. If the judge signs this, then you can use a certified copy of this application to get the name changed after your divorce on all legal documents and personal records. Different states have different laws and procedures regarding the name change. Checking with your lawyer about these processes will help prepare you to face legal battles with the right mindset.

This process is easier when reverting to one’s maiden name rather than when changing one’s name completely. However, one is expected to get through some legal road blocks to have the name changed successfully on all personal records. Old documentation such as birth certificate or passport that bares your maiden name will make it easier to have your name changed back to your old name. When the court allows you to use your old name, it is only half the battle won. You should also put in some efforts into having your name officially updated on various legal documents.

Changing names of your children

In most cases, the father will have a rightful say in changing the children’s names. Many states believe that children should continue to use the father’s last name, even after your name change after the divorce, as long as the father continues to provide for them and fulfils his rightful duty as a parent. However, many courts are challenging this traditional process or ruling and are growing favorable towards changing the children’s names as per the mother’s requests.

Currently, it is possible for the court to order a child’s last name to be changed to the mother’s maiden name, when it seems to be the best course of action. Such special provisions are provided based on the father’s conduct, for the safety of the children and the mother, or to protect the identity of the children when relocating them. Courts will look into a variety of details such as the age of the child, benefits of the name change, negative consequences of the name change, etc. The courts will size these factors against each other to come to an informed decision, one that is in the best interest of the child.

Changing the child’s name does not void the legal relationship that exists between the father and his children. Changing names will not affect the responsibilities of either of the parent, and the visitation, child support, inheritance an intestacy rights will be given their due importance irrespectively. Changes to these will only be possible via court intervention when the custody agreement is modified or if the child is adopted by the step-parent. Changing the child’s name is permissible if the stepparent opts to adopt the child, where part of the adoption process includes a name change. This is by far one of the easiest methods of changing the children’s names, and requires minimal legal intervention.

How much does it cost to get a name change?

A:liThe cost of having your name changed after a divorce depends entirely on your situation and the jurisdiction. In case the appeal for a name change is made along with the divorce application, then the fee is included in the divorce proceedings. However, if a separate appeal is made, then you might have to shell out additional court fee. In some cases, however, you may not have to pay anything. You might have to check with the clerk of the court for more information about this and you can also discuss having the fee waived off partially or completely, depending on your current financial situation.

Telling your children and family

Although a name change is hardly made on an impulsive decision, you should formally announce your decision to change your name to your near and dear ones. Adults might understand your stance without the need for any explanation, however, you might have to tread with caution when conveying the same to little kids. Make sure to stick to the facts without getting too emotional about the issue and be prepared to answer any questions they might ask.

People who have only known you by your married name might consider a sudden name change to be an indication of a new marriage. It might take some time for people to get used to your new name. Like the divorce, the decision to undergo a name change after divorce should not be an impulsive decision. One should show due consideration to the decision; making sure to take into account the various factors involved in the process to minimize conflicts and confusions after changing one’s name. Prior intimation to family, friends and frequent acquaintances will help them be acquainted with your new name quickly. Good luck on this new leg of journey in your life.

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