State laws concerning name changes vary but the process is similar in all states. Generally, if you want to change your name after a divorce, you may choose one of two methods. You may decide to change your name as part of your divorce decree or you may change your name later by completing and submitting the proper form to your local clerk of court.

Restoring Former Name or Birth Name as part of Divorce Decree

One method of changing your name after divorce is to have your name change incorporated into your divorce decree. In most states, you can ask the same judge handling your divorce to include a formal order restoring your former or birth name in the divorce decree. The judge will then make a notation about your name change so your divorce decree will contain your name change order.

You should get certified copies of the order as proof of your name change, which you'll need when you change your name on your driver's license, Social Security card, credit cards, bank accounts and any other items. Your divorce attorney, if you have one, can assist you with your name change.

Even if your divorce decree doesn't contain an order restoring your former name, you may be able to have the decree modified. You can check to see if your state will allow your divorce decree to be amended to include an order restoring your former name.

In some states like California, a name change amendment is possible even after the divorce is final. If your state allows this, you will need to amend your divorce decree by filing a request with the court. It's easiest if you have some proof of your former name, such as a birth certificate or old passport.

Restoring Former Name or Birth Name after Divorce Decree

The second method you can use to change your name after a divorce is to go about it in the same manner as a non-divorced person who simply desires a legal name change. Usually this involves filing a petition with the court. In most instances, you will include an affidavit or certification with the name you are currently using. The affidavit will require information about such things as, how long you have used your current name, why you want to change it, and what new name you want to use. Once the petition has been approved by the court, a court order changing your name will be issued.

Generally, you need to go to your county clerk's office or Web site to get the necessary forms. You should have the following items handy to assist you in filling out the forms:

• The case number assigned to your divorce case when the petition for dissolution was filed with the court
• The date when judgment of dissolution was filed with the court

You should be able to find your case number and judgment date on papers sent to you from the court or your attorney after your divorce was final. Your case number and judgment date are also public record, which the clerk of court can help you find if necessary.

Get Certified Copies of Name Change Documents

Once you obtain a divorce decree or court order changing your name after divorce, you should obtain certified copies of all documents. You should be able to get a certified copy of your divorce judgment from your attorney or the clerk of court's office. You should be able to get a certified copy of your name change order from the clerk of court's office.

Get Name Changed on Documents

Your next step is to contact the Department of Motor Vehicles, the Social Security Administration Office, the United States Passport Office, your employer, your bank, your creditors, utility providers and any schools from which you graduated to change the name on your degree. You will need a copy of your court order and other identification to change your name on your driver's license and Social Security card. You may not need to provide a copy of your court order to change your name on other documents.

Changing Child's Name after Divorce

You may not change your child's last name after divorce unless the court has ordered the change. A child's name may be changed by court petition when it's clearly in the best interest of the child to do so and it's up to a judge to decide which name is in the child's best interest. If you are seeking to change your child's name, a family lawyer can help you advocate for your child's best interest.

Questions for Your Attorney

• Do I have to change my last name to my maiden name after a divorce?
• Do I have to change my name as part of my divorce decree or can I keep my married name?
• Can I change my children's last name to my maiden name as part of my divorce decree?
• Do I need a lawyer to help me change my name after divorce?

Related Resources on Lawyers.com^sm

- Name Changes and Document Updates After Marriage
- State Vital Records Web site
- Social Security Change Information form
- Family & Personal Forms
- Florida Name Change Petition & Order
- Illinois Name Change Petition & Order
- New York Name Change Petition & Order
- Texas Name Change Petition & Order
- Find a Family Law attorney in your area
- Visit the Forums for discussions on Divorce Law topics

Related Web Links

- Social Security Online
- Social Security Office Locator
- Where to Write for Vital Records