What’s in a Name?
Divorce and Name Change Issues
Name changes are a lesser talked about facet of divorce that everyone seems to have an opinion about. When you file for divorce, you have the option to request that the court grant you the ability to resume a former name in the Divorce Judgment. This tends to affect women more than men as women are exponentially more likely to change their last name upon marriage than men.
Changing your name after a divorce is a deeply personal decision. Some important considerations include:
Emotional Impact After a Name Change:
A name change might carry emotional significance. For some, reverting to their maiden name or another name might symbolize moving on and reclaiming their identity. Others might feel it’s important to retain their married name, especially if they have children or if their name is tied to their professional reputation.
How Name Changes May Affect Children:
If you have children, think about how a name change might affect your relationship with them. If you have the same last name, it can be easier to navigate situations like school events or travel. Changing your name might create confusion for others, especially if your children still carry your ex’s surname.
Professional Considerations:
If you’ve built a professional identity under your married name, changing it could affect your career, including any business connections, social media profiles, or industry reputation. You may want to assess how difficult it might be to update your professional documents and online presence.
Housekeeping:
Changing your name is one of several items you should prepare beforehand when considering or entering divorce. The process will require the filing of forms with various agencies (Social Security, DMV, passport office, etc.). You’ll also have to notify banks, credit companies, insurance providers, and others.
Personal Identity:
Some people choose to keep their married name because it feels like a part of their identity, and they may have personal reasons for doing so, such as maintaining a connection to their former spouse’s family or the period of their marriage. It’s important to consider what your name means to you and how it aligns with who you are after the divorce.
Example of a Name Change Scenario:
To illustrate a potential name change scenario, let’s say that Jane Smith marries Harry Thompson and becomes Jane Thompson after their wedding. 5 years later, they are getting divorced. In the Complaint for Divorce, Jane can request that she be granted the ability to resume her former name of Jane Smith. This does not automatically change her name, it just gives her the ability to do so. If you are on the fence about going back to your maiden name, then we recommend that you ask for it, and you can make your decision later without having to return to court.
Expanding upon our previous example, let’s say that Jane Smith was actually born Jane Black and her name changed to Jane Smith after she was adopted as a child. In that scenario, Jane could choose to resume her former last name of either Jane Black or Jane Smith during her divorce. However, she could not ask for the ability to become Jane Smith-Thompson, because “Smith-Thompson” was never a former name of hers. In order to request a new last name that a person has never had before, s/he would have to file a Petition to Change Name of Adult which is a separate action that includes a filing fee, publication requirement, and background check. This is also the process that Jane would have to go through if she divorces Harry and didn’t ask to resume a former name and then later decided to go back to Smith.
Once you are granted the ability to resume your former name in your divorce, you can provide a copy of your divorce decree to the Social Security Administration to obtain a new card. You can also obtain a new driver’s license and passport, change your name on credit card/bank accounts, medical records, etc.
There’s no one “right” answer when it comes to name changes and divorce. But if you are considering it, do yourself a favor and ask for permission to go back to a former name during your divorce to save yourself the headache of having to file a Petition for Name Change later on.
Considering a name change during your divorce?
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