When you think about it, your name is one of the most personal things about you. It's how people know and recognize you, and you have it for life. Or at least until you get married. More often than not, one spouse changes their name after getting married.

When the marriage fails and there's a divorce or annulment, you may want to go back to your old name. It's not all that difficult to do once you understand when and how to do it.

State Law Controls the Process

Each state has laws setting out the process for changing names. The laws may vary a bit from state to state, so it's important to check the laws in your area for more details. Also, each state uses different forms that need to be filed with the courts. You can check with the clerk at your local county courthouse, check online or let Lawyers.com help with the entire process.

In general, in most states you have two options for when you can change your name. You may decide to change your name as part of your divorce decree, or you may change your name later by filing papers with the courts.

Name Change as Part of the Divorce Decree

Your name change can be made part of your final decree of divorce. In most states, you simply 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 name-change order.

That's it. Once the judge enters the final decree, your name is changed.

Already Have a Decree? No Problem

Even if your divorce decree doesn't contain an order restoring your former name, you may be able to change or " modify" the decree. In some states, such as California, you can file a request with the court to have your name-change made part of the divorce decree. Make sure you have proof of your former name, such as a birth certificate or old passport, when asking for a modification.

Get Copies of the Decree

When the divorce is final, ask your attorney or the court clerk for official or "certified" copies of the decree with the name-change order. You'll need these copies to have your name switched on important items, such as your driver's license.

Name Change after the Divorce

You can change your name at any time after the divorce by following the same process that any adult would follow to legally change their name. It usually involves filing a petition with your local court.

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 so you can fill out the forms properly:

• The case number assigned to your divorce case when it was filed
• The date when the judgment of dissolution or divorce decree was filed with the court

You should be able to find this information 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 court clerk may be able to help you find, if necessary.

More Paperwork

In addition to the main form or petition, you may also need to include an affidavit or certification that gives information like:

• The name you're currently using
• How long you've been using your current name
• Why you want to change your name
• The new name you want to use

Once the court approves your petition it will make an order changing your name.

Change Names on Documents

Whether it's part of your divorce decree or a separate court order, once you have an order for name change, it's time to have your name switched on all sorts of important documents and items, such as:

• Your driver's license. Contact your state's Department of Motor Vehicles
• Call the Social Security Administration Office to have your name changed on your Social Security card
• Your Passport
• Your current employment records or files
• Bank accounts
• Credit cards
• Utility companies
• College or other school degrees you earned after your marriage to change the name on your degree and transcripts

In many situations, you'll have to provide a copy of your court order and other identification before your name will be changed.

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 last name to a different name after I divorce? 

Related Resources on Lawyers.com^sm

- Find a Divorce Lawyer in your area and read Selecting a Family Law Lawyer
- Need a Form? Access hundreds of Do-it-yourself forms to get you started
- Read How To Divorce Like an Adult and Wrapping Up Your Divorce, or access more Divorce articles and information
- Visit the Legal Forums for discussions on Divorce topics
- Follow us on Twitter and Like us on Facebook to join the conversation about Lawyers.com topics online
- Download the Lawyers.com app for the iPhone or access the site on your smartphone
- Legal Dictionary

Related Web Links

- Family Issues Information & Resources from USA.gov