Divorce comes with a burning desire to cut all the links you had with your spouse. The name is one of the elements you want to leave behind once you are divorced. Fortunately, New York City has made name change after divorce easy in order to get a new identity and a fresh lease of life.
The process of changing your name after divorce is not fundamentally different from other instances. The only difference is the reason you give for name change. This article addresses three name change aspects in depth.
- The correct process to follow when changing your name
- The paperwork you need to complete in order to change the name legally
- How to begin using the newly acquired name
Changing your name after divorce presents you with a dilemma. What new name will you use? There are several options that you can consider when choosing a new name.
- Drop the name of your spouse and remain with your original name
- If you had generate a hybrid name with your spouse, you can drop it to revert to the original name
- There are instances where you need to change to a new name. This is especially common where the spouse is violent or the life of your children or your own is in danger. You may also want to have a totally new identity and therefore choose a completely new name.
Whichever option you choose, the process to be followed is the same. Think deeply about the name chosen and the justification because the process of changing the name costs money and is engaging. You will not have the time to repeat it repeatedly at will. If name change is not necessary or will complicate other processes in life, it should be ignored. You can drop the name socially or adapt another and continue to use other names in your official documents.
Divorce is a strong justification for you to change name. However, it is not automatic that you can change the name because you have divorced. In some cases, the change will be declined despite the court having approved your divorce. Here are instances where your application will not go through.
- Choosing a vulgar name. Authorities do not approve names that are derogative and those that are viewed as offensive.
- A racial or religious slur. If the name offends a group of people or race, your application will be declined.
- Punctuation marks are also not admissible names whenever you want to change. This is because they are confusing. Imagine a name like “!” in the middle of a sentence. No one will read it as a name. However, you can use the full name of an exclamation mark like “Coma” or “Period” as your name.
- There are personal instances that may hinder your name change. If the authorities think that the change is intended to facilitate crime, it will not be approved. Further, where the change will cause you to escape responsibilities like paying alimony or such other financial responsibilities, approval will not be granted.
- Changing the name to a confusing name will also be met with resistance. For instance, if the intention is to defraud people by pretending to be another person, the change in name will be declined.
The name you choose and the reasons for change are usually personal. Restrictions indicated above are only meant to ensure that people do not take advantage of the process to commit crimes or escape responsibilities. By considering the issues raised above, you will clear the way for a quick and sure process of name change. It reduces the time taken to have a complete name change with necessary approvals. It will also ensure that you spend less money since a lengthy process also becomes expensive.
The Process of Name Change in New York After Divorce
The law allows anyone to change his name at will. However, the changes must be formalized and easy to track. It also allows your new name to be recorded and recognized by government institutions as well as private entities. It could be challenging for organizations and the government if people changed names at will.
The process of divorce can be used in changing the name. You are required to petition the judge to include the new name as part of the prayers you are seeking. The courts are permitted to grant formal reversal of your name to the previous one as part of the petitions granted. Note that this prayer must be expressly stated during divorce. If you do not make the request, the change of name will not form part of the outcomes granted. The prayer sort may be declined because of pleadings by your spouse or objection of the court. A third party may also object for other unique reasons.
Once the divorce decree is given, you will use it to effect name change in other jurisdictions. Mainly, you need to change the name on all your documents as well as places that you are registered under the previous name. You require the following documents to undertake the change.
- A certified copy of the divorce decree as issued by the New York court. This can be granted on request by the court and even mailed to you on demand.
- Identify proof that is recognized in New York. This includes your passport, State identity card or your driver’s license.
- Proof that you are of legal age. The documents that can be used include hospital records, birth certificate or adoption decree
Depending on the unique nature of your case, you may be required to provide other documents. If you do not have the divorce decree copy, you can request it directly or using agents online. A similar request can be made for identification and proof of age documents. The availability of these documents will determine the success of your petition or application.
Petition to Change Your Name in New York
You will be required to file this petition if you did not plead with the court to allow name change or the prayers were denied. Not all courts can rule on name change and some cases receive a negative answer because of their uniqueness.
The petition is filed separately from divorce pleadings. The petition requires you to provide particular personal details before the request can be approved. These details must be accurate and conclusive to avoid doubts or denial of your application. Some of the information required includes
- Name, age, birth information and your current or envisaged residence
- You must provide your birth certificate
- Formal child support obligations
- Spouse support responsibilities
- Any history of criminal conviction. You must indicate whether you have been indicted for violent felony at any point in the past.
- Bankruptcy charges or proceedings
- All proceedings, liens, judgments and actions that are pending against you
If any of this information is missing or inaccurately entered, your name change will be declined. The court must be satisfied that the change will not facilitate commission of crimes or evading justice. Personal information also enables the court to decide the merit of your case.
In New York, you must publish your desire to change the name for the public to raise objections or approve. This requirement will only be overlooked in particular circumstances including
- If the publication will compromise your safety because of prevailing circumstances. This is a determination for the court to make.
- Where you personally ask the court to restrict access to your information including current address, name, telephone, business and any other information whose sharing would compromise the safety or comfortable living of the petitioner.
Any exemption on publication must be presented to the court for determination. Where the judge orders publication, the mode of publication will be outlined and it must be strictly followed. You must return an affidavit of publication to the court from the publishing newspaper. In case there is an objection, your petition will be reviewed by the court and either approved or declined.
Notify Necessary Government Agencies of Your Name Change
While the court has granted name change, there are authorities that need to be notified to enable them update their records. This will also ensure that you are not using two different names on official documents and government platforms. Present proof of name change to Social Security Administration in your area. This is usually the first stop because most other public and private agencies obtain their data from the administration. You will get a new Social Security Card bearing the new name but the old number will be retained.
Visit the Department of Motor Vehicle to obtain a new driver’s license bearing the new name. While at the office, update your vehicle ownership details as well as voter registration. Other institutions like banks, community welfare, school alumni and saving Sacco should be notified of the new name. This prevents discrepancies that are likely to be a source of conflict. Notify friends and begin using the new name in your social engagements as well.
