For many people going through a divorce, they have a lot of things to worry and think about – asset division, tax implications, conservatorship rights, possession and access, child support – the list goes on and on. One thing some people forget about during the divorce process is changing their name. This blog will address the question: How do I change my name back after I get divorce? We will provide tips and things to think about to make sure you are ready to change your name following your divorce.
Change Name in Final Decree of Divorce
If you are thinking about changing your name following your divorce, we recommend making sure that the Final Decree of Divorce includes language ordering such a name change. Every finalized divorce will end with a document called the Final Decree of Divorce. A Final Decree of Divorce will detail how the parties will divide their assets and will address all provisions regarding the parties’ children if they have any children. The Final Decree of Divorce can also include a short section towards the end of the document that provides for a party to change their name in the divorce.
One thing many people do not realize is a party does not have to change their name just because you request a name change and the Final Decree of Divorce has language ordering the name change. A person’s name will only change if they take the Final Decree of Divorce to the necessary institutions and change their name.
We recommend including the name change language in a party’s Final Decree of Divorce because it gives a party the flexibility and option to change their name following the divorce if they want to. If you want to change your name after your divorce, places like the Social Security Administration and Texas Department of Public Safety will request to see a certified copy of your Final Decree of Divorce just as they do with Marriage Certificates when someone changes their name following a marriage.
It is important that you speak with your attorney about your requested name change at the beginning of your case. Your attorney should include your name change request in the Original Petition for Divorce, which is the first document your attorney will file with the court to begin your divorce proceeding. When reviewing your Final Decree of Divorce, once again reiterate with your attorney that you wish to see name change language in the Decree if it is not already included. By including your name change request in your Final Decree of Divorce, you can avoid having to file a separate adult legal name change case with the court.
Legal Name Change Case
If you did not request a name change in your Final Decree of Divorce or otherwise need a legal name change, you will need to file what is called an Original Petition for Change of Name of Adult. This Original Petition for Change of Name of Adult will require a separate filing fee charged by the county. You will file this Petition in the county where you reside.
After filing the Petition, you will need to get your fingerprints done for a criminal background check. All adults requesting a name change are required to complete a criminal background check to ensure they are not trying to change their name for a criminal purpose. The criminal background check takes approximately 4-6 weeks and will be sent directly to the district clerk’s office.
You will then need to file a proposed Order Granting Change of Name of Adult into the case. Depending on the court’s procedures, you will either need to prove-up the case in person or via Zoom before the court or by submitting a prove-up affidavit. You will need to state that you are not seeking an adult name change for the purpose of avoiding possible creditors.
As you can tell, the process for changing one’s name is significantly easier if the party includes the name change language in their Final Decree of Divorce. If your Final Decree of Divorce includes your name change, you do not have to take the additional steps to get fingerprints or criminal background check done nor do you have to file anything additional with the court.
Administrative Tasks
After you have a court order changing your name, whether that is in the Final Decree of Divorce or an Order Granting Change of Name of Adult, you will need to take a certified copy of the Order to various institutions to actually change your name. Remember, your name will not be legally changed unless you take the steps to change your name with the institutions discussed below.
We recommend starting with the Social Security Administration to begin the name change process. After changing your name with the Social Security Administration, you can proceed with changing your name on your license with the Texas Department of Public Safety and the passport agency if you have a passport. You will also need to change your name on your voter registration if you are registered to vote, bank accounts, credit cards, utilities, and any other place where with your prior name.
Getting a divorce can be a stressful and complex process depending on your circumstances, but changing one’s name following a divorce does not have to be. Try to make sure that your Final Decree of Divorce includes your requested name change and then take the necessary steps to legally change your name following the divorce. If you experience any issues, the attorneys at the Hunt Law Firm would be happy to assist you to make sure you have the legal name you want.