If you are getting ready to go through the process of a divorce, you may want to consult with a divorce lawyer to ensure you understand what is expected of you.
After you have initiated divorce proceedings, you may want to change your name back to your original maiden name. This process is not difficult, and can be done with or without a lawyer.
Changing Your Name After a Divorce
How you can change your name after a divorce will depend on the jurisdiction you are in. A number of states require you to make a request to the judge, and enter into a traditional legal declaration.Others involve a lengthy process. In either case, you will receive a court order that serves as proof of the name change. By showing a certified copy of this order, you should have no trouble in getting new ID cards, bank accounts, and any other formal documents that will require proof of your legal name. If at any time you have questions about the process, you can consult a lawyer.
Your Divorce Decree is Not Enough to Prove a Change of Name
After a divorce is finalized, the courts will order a divorce decree. It is not uncommon for the decree to fail to contain any orders regarding your change of name. If this is true, you should ask a lawyer about whether or not the court can change the order according to your needs.
Changing Your Children’s Names
After you have been divorced, and received your maiden name (or a brand new one), you might wish to change your children’s legal names.. In general, the court upholds the father’s right to insist that the child uses his last name providing he adheres to his duties as a parent. It may be possible to as a court to change the name of the child to the maiden name of the mother if it is in his or her best interest. The court will likely consider factors such as the age of the child, the relationship between mother and child, the time of which the child has used his/her father’s name, potential consequences or impacts of the name change, and benefits of the change.
If the court grants the request, it does not mean the legal relationship between the child and his/her father is changed. Nor would it likely have an impact on the responsibilities of either parent. Finally if a new spouse is seeking to adopt a stepchild, there will be separate legal procedures in addition to the name change. You can discuss these with a lawyer.
Contact a Divorce Lawyer for Advice on Legal Name Changes
If you are going through a complicated divorce, you may want to ask a lawyer about the regulations associated with changing your name. Furthermore, whether or not there are any laws that could facilitate the process after a decree of divorce has been passed. If the divorce is not finalized, it may be possible to ask the court to change your name. This process is slightly different and may require filing special forms.