Minimum Requirements For A Court
You must…
- Live in the county where the name change petition will be filed for at least one year before filing.
- Be 18 or older.
You cannot request a name change…
- While you are involved in any kind of lawsuit, or while you are on probation or parole.
- If you are barred as a child abuse offender from changing your name. ).
- To avoid creditors, fines, or sentences in criminal actions.
- For an unworthy motive, or to commit fraud on the public.
- To change your name to something bizarre, unduly lengthy, ridiculous, or offensive to common decency and good taste.
Changing Your Name After Divorce: Faq
By FindLaw Staff | Reviewed by Nicole Prebeck, Esq. | Last updated October 28, 2022
Many people who change their name when married want to change their name back to their maiden name after a divorce. This article provides tips and insights for changing your legal name after a divorce. It also answers some common questions about name changes.
Changing Child Last Name After Marriage
Changing your kid last name after marriage, can only be accomplished through a court order process. Name Change, Adoption and Immigration all result in a legal Name Change Court Order. A Petition for Name Change is the least expensive and shortest of these processes. If you or your spouse changed your name through the marriage license, this is how to let your kid share your new family name. Learn More.
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How Long Do I Have To Change My Name After My Divorce
You can change your name at any point in time after your divorce: one year later, five years later, 20 years later. It’s up to you. As explained above, you’ll face less paperwork and hassle if the name change is part of your divorce decree. But some people just aren’t ready for that when they’re in the midst of a divorce. if you’re uncomfortable making a quick decision, don’t. Take as much time as you need. If you’re already divorced and want to change your name, check with your county clerk for specific instructions. We provide generalized instructions here, but the specifics vary slightly from county to county.
Important Documentation For A Virginia Name Change
When you request a name change, the court will to want to see certain documentation, including:
- A Virginia Application for Name Change. The application will ask for basic information such as your current name, your current address, your parents names, whether you have ever been convicted of a felony, and any previous names you have had. The application must be witnessed by a notary public or a clerk of the court.
- Your Birth Certificate. This will provide proof of your maiden name.
- Your Marriage Certificate. This will provide proof of your married name.
- Your Divorce Decree . This will provide the court with a non-fraudulent reason why you want to change your name.
If all of your paperwork is in order, your name change should be granted by the court. Once the court grants your name change request, you will need to take steps to change your name with:
- The Department of Motor Vehicles
- The Internal Revenue Service
- The Social Security Administration
- Your retirement and investment accounts
- Your insurance companies
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Certification Regarding Sex And Kidnap Offender Registry And Child Abuse Offender Registry
The first step in the name change process is to request a certification from the Utah Department of Corrections Offender Registration Program showing whether you are on the Sex and Kidnap Offender Registry or the Child Abuse Offender Registry. Fill out the form and mail it and a self-addressed stamped envelope to the Offender Registration Program at the address listed on the form. If you do not include a self-addressed stamped envelope, the Offender Registration Program will not return the form to you. It may take some time for the Offender Registration Program to complete the form and return it to you.
- If you are on the Child Abuse Offender Registry you cannot change your name.
- If you are on the Sex and Kidnap Offender Registry you must convince the court that it is not against the public interest for you to change your name
You Want To Revert To Your Maiden Name
If you took your spouses last name after marriage, and all you want to do is revert to your birth name, here is what you will need.
Assuming that the following is true:
Your marriage took place in the UK
Your divorce has been finalised in the UK
You will need the following to change your name officially:
Your original marriage certificate
Your original birth certificate
A signed statement declaring that youre switching back to your birth name for all purposes
Your Decree Absolute
What is a Decree Absolute , and how do I apply for one?
However, on 6 th April 2022 the law around divorce changed. If you have issued divorce proceedings after this date you will obtain a Final Order in divorce, instead of Decree Absolute.
Either way, you will remain married until the Decree Absolute or Final Order. These bring the marriage to an end and confirm that you are formally divorced.
Before you can apply for a Decree Absolute or Final Order, youll need a Decree Nisi or Conditional Order. This is a document that is issued once a judge approves you eligible for divorce under UK law. Here is more information from the UK government website about how to obtain a decree nisi.
Heres more information about applying for a or Conditional Order to make your divorce final so that you can move forward with the name change process.
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Theres An App For That
I wish I could get back those 10+ hours of waiting in lines, phone calls, faxes, notarizing, letter writing, and form-filling.
What I didnt know didnt kill me but it really wasted my precious time and drained my energy. The Social Security office is uber depressing.
Also, be warned that every institution you change your name with wants a fee. Not huge sums, but enough to be annoying.
Services like Easy Name Change do all the tedious, annoying heavy lifting for you.
Theres enough stress in your life with the divorce and its after-effects, why add more!?
Do yourself a solid and use it, the cost is reasonable and so worth it. Your welcome!
Submit Completed Name Change Forms By Mail Or In Person
All name change application forms, fees, and supporting documents must then be submitted to the Registrar Generals office by mail or in person.
ServiceOntario Office of the Registrar GeneralPO Box 3000189 Red River Rd. 3rd FloorThunder Bay, ON P7B 5W0
In person at:
47 Sheppard Ave. East, Unit 417, 4th FloorToronto, ON M2N 5N1
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Contact A Raleigh Divorce Lawyer
Our Raleigh divorce law firm is available for consultation regarding a legal name change. Give our attorneys a call at in with questions about your divorce case. We are ready to provide you with consultation.
Protecting your Privacy ~ Your privacy is our primary concern. At the Doyle Law Group, we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. Contacting our law firm does not imply any form of attorney-client relationship.
Changing Your Name During Or After Divorce In Colorado
Many people take their spouse’s last name when they get married. But when they get divorced, some people want their previous name back. In Colorado, this process is called name change restoration.
If you do not wish to change your name during or after your divorce, there is nothing you need to do. However, if you want to restore your previous name, this article will walk you through the required steps.
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Legally Change Your Last Name After Divorce Annulment Or The Death Of A Spouse:
Election to Resume Former Surname Form 2
After a marriage is dissolved by either a divorce, annulment or the death of your spouse, you may resume using the surname you had immediately before marriage. If you legally changed your last name to that of your spouse by completing the Election to Change Surname Form 1 , then you will need to complete the Election to Resume Former Surname Form 2.
In addition to the form, you will need to submit a copy of your divorce papers , your change of name certificate, and your birth certificate, and submit these together with the the prescribed fee. Once the change has been completed, you will receive a Change of Name Certificate.
What To Keep In Mind
If you have reverted to your maiden name or chosen to change your name entirely, there are a few things you need to keep in mind:
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How To Change Your Name After Divorce In Canada
So, youve filed for divorce and are looking forward to changing your name, right? People, for several reasons, change their names post-divorce. And, its entirely legal unless you employ it for fraudulent or deceptive purposes.
After marriage, some women who have taken their husbands surname want their maiden name back or have an entirely new surname post-divorce. There are instances of even men wishing to opt for a new nameone of the primary reasons being a strong desire to do away with the old memories.
Are you too considering a name change in Canada after divorce? In this article, well guide you on how to change your name in Canada. So, lets scroll down and have a look:-
There are several ways to change your name legally, and some of these include:-
How To Change Your Last Name After A Divorce In New York
Many New Yorkers wish to switch back to their maiden name after their divorce. To do so, there are certain steps you need to follow to complete the process. Fortunately, changing your name post-divorce is not complicated, albeit a little emotionally draining. Today, we discuss how to change your last name after divorce.
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You Want To Change To A Name Different Than Your Maiden Name
If you want to change to a name different than your maiden name, you will need a deed poll.
Presumably, none of your documents will display the name you wish to change to, and youll have to make your name change official with a deed poll.
Once you have the deed poll, you can use that as evidence of your new name to update various official documents.
Get Certified Copy Of Signed Forms
Once the judge signs your form FL-395 or FL-180, you may want to get a certified copy to use to update your IDs.
Many government agencies will ask for a certified copy to change your name in their records.
If you do need a certified copy, ask the court clerk to certify a copy for you. Depending on how many legal ID documents you want to update, you can ask for more than one certified copy.
The current fee is $40 fee for a certified copy. If you cannot afford the fee, you can request a fee waiver.
Your records are not updated automatically with your new name.
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How To Change Your Name Back To Your Previous Name
If you legally change your last name due to marriage or conjugal relationship, you can change your name back to your previous last name by completing an Election to Resume Former Surname Form 2.
This service is only available if you legally changed your last name using the discontinued Election to Change Surname service.
There are a couple ways to submit this form to government:
There is also a $25 cost associated with updating your name.
Can You Change Your Last Name Before Divorce
You may also be able to change your name absent a pending divorce case. So, if youre considering changing back to your maiden name while still married or thinking, Can I use my maiden name without a divorce, you may still be able to do this.
Every adult generally has the right to be called by the name they choose. They can petition the court for a name change. The court will generally grant such requests unless it finds the name change request is an attempt to evade a criminal history or creditors.
In other situations, people may wonder, Can you change your surname before divorce? but they have no intention of legally changing their name. For example, they may simply want to go by a different name for professional reasons or to use on social media. There are generally no rules against changing your name in these ways.
Also Check: New York State Council On Divorce Mediation
Should You Change Your Last Name After Your Divorce
After going through a divorce, youll be faced with deciding whether to keep your married last name or revert to your maiden name. Here are the pros and cons of changing your last name after your divorce.
To many, the last name has a strong meaning. The last name identifies the family to which you belong. In some families, the surname is well-known within a community and even thrown around like a badge of honor.
When you go through a divorce, many women are faced with deciding whether to keep their married name or revert to their maiden name. Here are some pros and cons to help you make that decision.
Do I Have To Change My Last Name After Divorce
No. Although this article focuses on how to change your name after divorce, it’s certainly not required. You’re free to do as you please. Some people want to keep their married name after divorce. Maybe they like the name, or they want to preserve an aspect of their identity that would feel “lost” with a name change. That’s okay. This decision is yours to make, and there is no right answer.
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Within The Divorce Decree
If your divorce is not yet final, one of the easiest ways to reclaim your maiden name is to ask the judge presiding over your divorce to restore your former name within the divorce decree.
The judge will then include an order in the decree changing your name, and you can go back to using your former name immediately without any further court intervention.
You Can Change Your Name As Part Of Your Divorce If:
- Your divorce case is in California
- You are going back to a former legal name
You can do this when you finish your divorce or even years after your divorce was final .
If your divorce was outside California: If you don’t want to go back to a former name:
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Cons Of Changing Your Last Name Back To Your Maiden Name After Your Divorce
Everyone already knows you
Your married name is the name everyone already knows you by.
Depending on how long you were married, you may have met many people as your married name, and you have had your married name longer than your maiden name.
At a certain point, it becomes more of your identity than your maiden name.
When kids are involved
Many moms keep their last name the same as their children unless they remarry. Especially for single-parent families, it helps the mom and children feel more like a family when they all share the same last name.
In many cases, the moms say they care more about sharing the same last name with their kids than they do about where it came from.
Having the same last name as your kids can make it easier to travel together if you have medical issues and at schools.
Of course, many parents have different last names, and it can all be explained but having the same last name takes away any questions.
It can be cumbersome
Its easiest to change your name in the divorce decree, but it can be more cumbersome and involve a lot of paperwork if you dont.
Youll likely find many accounts, forms, and agreements that need to be changed for months to come. But its still possible if youre up to work.
In professional settings
Ex In-Laws
What Documents Are Required To Change Your Name After Divorce
To legally change your name after divorce, you must collect the following documents:
- Certified Copy of your Judgment of Divorce
- Proof of identification
If you do not have any of these documents, you will need to request them. You can purchase a certified copy of your Judgment of Divorce from the County Clerks office in the county where your divorce was granted. You may be required to pay a small fee, which depends on the county you are in and the number of pages in this final decree.
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