After a divorce, many people want to start building their new lives. Often, this comes with moving homes, modifying their asset ownership, and changing their names. While most of these things are straightforward, the process of process for changing name after divorce is kind of a grey area as it affects more than just your name. We have thus provided you with a changing name after divorce checklist to help you navigate this new season of your life:
Do I Have To Change My Last Name After Divorce?
Many people opt to change name after divorce as their married name no longer suits their status. But must you do so? There is no rule regarding this, as the court allows you to do what feels right for you and is within the legal bounds. Consider your options below:
- Keep your married name: It is perfectly legal to retain your married name. This option is often easier for many people as they usually have many documents signed under this name.
- Revert to your birth name: Suppose you find it easier to embrace your previous name. This move augurs what most people do after a divorce and allows you to move on without identifying with your married name.
- Choose a new name: Did you know you can also change your name after you get your divorce? Some people choose this to illustrate a fresh start. Of course, the paperwork involved is quite a lot.
- Drop your last name: If you don’t want to use your birth name, married name, or other name, you can as well get rid of the last name.
Your choice depends on what you think will suit you best. Your name will only affect your identity but not your legal responsibilities or rights. For example, you can still get alimony and child support even if you choose another name. Since this decision is thus more of a personal choice, you can always consult your loved ones before embarking on the process to change name after divorce.
How To Change Your Name Back To Your Maiden Name?
Your name is integral to how you identify. For many women, being referred to using their previous partners’ names does not sit well with them. If you would like to start using your maiden name, here is how you can do this:
1. During the Divorce
The easiest way to change your name is to do it during the divorce proceedings. The judge will require you to present the Judgment, which should include the name you want to use after finalizing the divorce. Once the judge signs the document, you will get a certified copy of the same, which you can use to change other records, e.g., the name on your driver’s license.
2. After the Divorce
The decision to change name after divorce is not easy, and most people make it after the divorce. If this is the case, here is how to change your name back to your maiden name:
- Provide proof of your previous name: You can use documents such as your marriage certificate, birth certificate, or any other paperwork that shows your former name.
- Lodge a petition with the local court: You must include your divorce decree and documents proving your maiden name. You will also be subject to a fee, though some courts can waive or reduce this. Depending on where you live, you may also need to publish a notice to inform the public about the impending name change.
- Attend a court hearing: A judge will assess your request to ensure you qualify to change name after divorce and have good reasons to pursue one. You will need to attend the hearing and may need to answer some questions before the judge.
If everything checks out, the judge will approve the request to change name after divorce and issue you with a legal document you can use to update your records, e.g., your social security card.
Is There a Time Limit To Change Name After Divorce?
During a divorce, people find themselves forced to make many important decisions quickly. But is there a time limit to change name after divorce? Thankfully, no! You can wait a year, five years, or even ten years before a change name after divorce as there are no legal timelines.
As such, you can take time to consider the benefits and disadvantages of changing your name. For example, if you realize that changing name back to maiden name years after divorce will help you regain your identity, you can do it. But if you would like to share a name with your children, it will likely take you longer before you want to start this process, if ever. It’s all up to you – take your time.
Which Documents Do You Need To Change Your Name After a Divorce?
Changing your legal name is the first step to updating your public records. Below is what you need to change name after divorce if you want to use your previous name:
- A divorce decree: There are two ways to use this document. The first is to request a name change during the divorce so that the decree includes the possibility of changing your name. The second is to use the document as it is to show that the marriage has been dissolved, therefore justifying the name change. If you choose to change your name after the divorce, the latter option will apply, and you will need to present the decree to the court to petition for a name change.
- Proof of your former name: If you are reverting to your previous name, you must provide an official document that proves you have used this name before. Such documents include:
- A birth certificate,
- Your previous passports, and
- Your marriage certificate.
You may not need these documents if the divorce decree has a name change clause. But it is always best to arm yourself with enough documents to justify the change.
But what if you want to adopt a name you have never used? In that case, you must go through the name change process dictated by your state, which requires different documentation.
After a Divorce, Who Do You Need To Notify About a Name Change?
The name change documentation you get from the court does not immediately reflect on your official records. It’s up to you to inform the relevant authorities regarding this change for easier transactions. Below is the list of documents to change after divorce:
- Your Social Security Card: This important document should always bear your current legal name. Luckily, changing it is quite easy. You just need to complete and print out form SS-5, attach your name change document, include proof of identity, and mail or deliver the form to the nearest Social Security Office.
- Your Driver’s License: Given how often you use your license, ensuring it has your legal name works in your best interests. Making this change will warrant a trip to the DMV. You will need your name change document, your current driver’s license, and additional photo ID. Since some extra requirements may apply, calling ahead is always a good idea.
- Your Passport: Flying in and out of the U.S. may become complicated if the name on the ticket does not match that on the passport. You can avoid such issues by using your passport’s details when booking a flight. But to avoid confusion, you can simply get a new passport as follows:
- Changing your passport name less than a year after you got your passport and changed your legal name: If you have made these changes in the last year, you can apply for a passport without incurring extra fees. You will need your current passport, a complete DS-5504 form, your name change document, and two passport photos.
- Changing your passport name over a year after you got your passport and changed your legal name: In this case, you will need to renew your current passport and pay the applicable fees. You should attach your most recent passport, a complete form DS-82, your name change document, and two passport photos.
Changing name on a passport after divorce can be lengthy due to backlogs in state passport offices. You can skip these by using Travel Visa Pro’s passport expediting services, allowing you to get a new passport in just days!
- Voter Registration: Having a say in governance always benefits you and those around you. But you can only vote when your details match those on record. Making this change is easy. You must complete a new voter registration and include your new name to update your information.
- Employer Records: Your employer will likely require you to change your details to ensure your payroll, health insurance, and other records reflect the new name. You can facilitate this by notifying the HR department of the new name – some may need the name change documents to confirm your new identity.
- Your Bank: Your bank is chief among the institutions that must know about your name change. After all, you do not want to miss out on bills and other payments because of a disparity in your name. You can provide the bank with the name change document and have them update your records. Do the same for your credit card providers.
Remember to embark on these changes once you get approval to change name after divorce. The sooner you update these records, the easier it will be to access government services and travel out of the country.
Is It Possible To Change Your Last Name During the Divorce Process?
The change name after divorce process after the divorce only allows you to change your married name. As such, you cannot change your first name or adopt a new name using the divorce decree. But you can change your last name. If you want to change your other names unrelated to your marriage, each state provides a name change process to help you do this.
Changing Name Back To Maiden Name Years After Divorce
The good news is that there is no timeline to change name after divorce, and you can do it whenever you are ready. If you wish to use your maiden name, you will require proof of your maiden name, e.g., past passports, your birth certificate, or your marriage certificate. You will also need your divorce decree to show that the name change results from your divorce. Once you file a petition with the local court, present these documents, and attend the hearing, the judge will assess your request. If everything aligns with the name change requirements, you will get a name change document, which you can use to change your other legal documents.
Changing Your Name After 2nd Marriage
What if you are divorcing your second spouse? Can you still change your name? Of course! In this case, you have the following options:
- Use your maiden name, or
- Use the married name you used during your first marriage: This often applies to people who took their previous spouses’ names and changed them after the divorce. You could encounter some challenges if you have not used their name before, but an attorney can help you.
Here is how to change your name after divorce:
- Find proof of the name you want to use: Acceptable documents include birth certificates, previous passports, and your marriage certificate. Your choice will depend on whether you want your maiden or first spouse’s name.
- File a petition with the court: You must include your divorce decree and proof of the name you want to use.
- Defend the name change in a hearing: While this step is usually a formality, the judge may ask questions about your criminal history and why you want to change your name. The questions may be more where you want to revert to your former married name.
If you can provide the required documents and attend the hearing, changing your name after 2nd marriage should be a walk in the park.
