After formalization of divorce through a court process, you may choose to revert to your maiden name and cease using the surname of your ex-husband. The only caveat is that you have to request the court to legally change your name after divorce. If the divorce process is incomplete, the court may choose to deny the name change. However, the reasons for this denial should be clear to the petitioner.
Important notice
You should consider your profession and career background before choosing to revert to your maiden name. If your job entailed using your family name, it might be wise to keep it. You can still choose to go back to your maiden name if you think the standpoint of your profession or business will remain unscathed after the legal change. Other considerations before making this decision include:
- Cultural background and traditional set up
- Children and their perception of the name change
- Opinions of friends and relatives
This name change can be as easy as filing an application form, but it is hard if you left it out while making the divorce decree. You should check with your divorce attorney before finalizing the dissolution of marriage. The decree should indicate that you are free to revert to your maiden name after the divorce. This legal statement will ensure that the process is affordable.
In a state such as Texas, you can request to legally change your name after divorce through a court petition. You can also answer to a petition filed by your husband in a court for divorce. The divorce decree will have the intent of the change of name after the marriage dissolution. You will apply the name change after bringing the formalized decree to the office of the county clerk.
After you plead for the legal request to change to your maiden name, you will need to follow the following procedure
- Make a petition for the name change at the office of the county clerk.
- You will make this appointment by filling an intake form. The form will include information on the current residency, birth information, members of the family (children and other dependents), level of education and financial information (including bankruptcy- if relevant)
- Make the application with the clerk in the residence county.
You will find this process easy if your attorney included the name change option in the divorce decree.
The process is different if you did not have the option of reverting to your maiden name after the divorce decree. It consists of the following procedure:
1. File a separate action for a name change
Aside from using your attorney in drawing out the divorce papers, you will need to draft another petition for a name change. It will be costly as it will consider the legal change of your name after the divorce as a separate action from the dissolution itself. Aside from the costs, it will require time to formalize the paperwork with other agencies such as the social security office and DMV.
2. Get fingerprints
You will submit your fingerprints to the court before the hearing of the petition. Acquisition of the fingerprints is after a background check by the FBI.
3. Give notice
You will give a new notice as this process is separate from the divorce procedure.
4. Go to court for the hearing
You will have to set up a different court process with your attorney to request the name change back to your maiden name. This proceeding will be different from the divorce conducted earlier on. Failure to include the name change will have you establish a new legal process.
The law does not allow the judge to deny an applicant the request to change of names on unsubstantiated grounds. You will not be denied the right to request for the name change so that you can keep the family name. In fact, the judge will not consider your business or children.
5.Length of time taken
You may be asking the length of time it takes to legally change to your maiden name after a divorce. A period of two months (60 days) is all you need depending on the speed of acquisition of fingerprints. You will obtain them after filing the name change petition. You will also ensure the court receives the fingerprint results in time to kick start the process.
Conclusion
Finally, there are two options that you can use to effect a name change after a divorce. It is easier to include it in your divorce decree than filing it separately.
