Restoring a prior name--a maiden or another surname--is a common part of a divorce case, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Obtaining a formal restoration of a prior name is the first step toward changing your name on important documents, and with governmental agencies and other entities after your divorce case.
Types
If you restored a prior surname during your divorce case, the next phase of the process is formally advising different governmental agencies of the alteration, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. For example, the Social Security Administration and the Department of Motor Vehicles represent governmental agencies that requires this information. Similarly, banks and other financial institutions require a formal advisement as well.
Certified Copy
The key element to accomplish a necessary post-divorce name change is a certified copy of the divorce decree. A certified copy is a duplicate of the divorce decree obtained from the clerk of the court where the divorce proceedings occurred. The court clerk stamps and signs the duplicate, verifying that it is a true and correct copy of the original divorce decree. Each certified copy costs a fee, which varies from one jurisdiction to another.
Misconceptions
One of the most common misconceptions associated with name change after a divorce is that the court deals with this issue on its own initiative. The thought is that court systems send out a digital or electronic advisement to major governmental agencies regarding the restoration of a prior name in divorce proceedings. The reality is that a divorced individual must undertake this task on her own.
Time Frame
Obtaining certified copies to provide governmental agencies, banks and other entities immediately after the divorce concludes is the best time frame to follow. Most court clerks provide at least one free certified copy of the divorce decree directly after it is issued by the judge. By acting quickly, you can ensure that your name is changed with all necessary agencies and businesses in a timely manner, and so that confusion occurs.
Warning
Obtaining a name change in your divorce decree but failing to provide governmental agencies or financial institutions with formal documentation regarding the change has negative consequences. For example, you may not be able to access financial accounts, your driver's license becomes invalid and you may have problems associated with filing taxes.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
