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Legal name change in or after a divorce

Legal name change in or after a divorce

If you are getting a divorce, you may want to change your last name back to your maiden name.  It used to be easy, you just called yourself by a different name.  However,  in this day and age  it is a legal process that has to be done by a court.

If you are in the process of a divorce  you can ask the judge to change your name as part of your divorce. The name change will be added to the Divorce Decree.  A certified copy of the Decree can then be used to change your drivers license, social security card, passport, payroll records, and tax records.  It is always easier to make the legal name change in the divorce process rather then waiting until after the divorce.  If you wait until after the divorce you have to go back to court and pay fees.

If you are already divorced and would like to change your name, you need to file a petition for a name change at the courthouse and pay the filing fee.  Check your local court for filing fees. The exact wording of the petition varies from state to state but you generally must state that you are not changing your name in an attempt to hide from your legal responsibilities. Some states require you to attach a criminal background check and fingerprints to the petition. 

After your name change has been granted, it’s up to you to take copies of the order or certificate to the government agencies that have your official records to request the changes to your name.

After you have changed your name you want to contact family, friends and the following  places  to inform them of the change;

  • Employers
  • Schools
  • Post office (via change of address form)
  • Department of Motor Vehicles
  • Social Security Administration
  • Department of Records or Vital Statistics (issuers of birth certificates)
  • Banks and Other Financial Institutions
  • Creditors and Debtors
  • Telephone and Utility Companies
  • State Taxing Authority
  • Insurance Agencies
  • Registrar of Voters
  • Passport Office
  • Public Assistance (welfare) Office
  • Veterans Administration

Keep in mind that every state varies on their name change rules, be sure to check with your local court clerk on your state’s requirements.  

Sources= Lawyers.com  Name Change viewed Sept 17, 2014  Find Law Name Change viewed Sept. 17, 2014

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