A common concern for a woman facing a divorce--and people of both sexes who wed in states that permit same-sex marriages--centers on the process for changing a name through divorce proceedings. Despite differences in divorce laws from state to state, the process and requirements for changing a name are similar across the country, according to "Nolo's Essential Guide to Divorce" by Emily Doskow.
Petition or Answer
A primary factor to bear in mind is the need to include a request for a name change in the petition, if you file for divorce. On the other hand, if your spouse files for divorce, include your request for a name change in the answer or any counterpetition you file on your own. The failure to request a name change theoretically can prevent you from obtaining that relief in the divorce decree, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Types
A woman--and a person of either sex during the dissolution of a legal same-sex marriage--is not restricted to merely restoring a maiden name through a divorce decree. All jurisdictions permit a person in a divorce to restore a prior surname, even if it is not her maiden name, according to "The Complete Divorce Handbook: A Practical Guide." For example, a woman previously married with children who bear that husband's surname may want to return to that same name upon divorcing her current spouse.
Time Frame
Provided the request for a name change is made properly, at the commencement of a divorce case or when responding to a petition, the judge approves the request in the divorce decree. The name change becomes effective after the judge signs the divorce decree and when the order is filed with the clerk of the court.
Documentation
Upon obtaining a restoration of a prior name through a divorce case, you must obtain certified copies of the divorce decree. A certified copy is a duplicate of the original divorce decree bearing a stamp and signature from the court clerk that verifies it as a true and correct copy. You need certified copies to change your name on financial accounts, with the Social Security Administration, and on your driver's license.
Misconceptions
A common misconception associated with divorce and changing your name is that your surname automatically reverts to your maiden or prior name when the divorce is granted. In fact, you must take proactive steps to restore any prior surname.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- FindLaw: Family Law Center
