What to know about name change post-divorce. If you want to restore your maiden name after the divorce there is a process in the divorce allowing you to do that. You need to reflect on your reasons for keeping your married name or restoring your maiden name. There is a provision in the judgment of divorce where you can include the restoration of your maiden name.
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When you have children carrying your married family name, the name change might be confusing for them. You with a different family name from them will need explaining. And your children will have to go through an embarrassing experience of explaining to everybody else. Hold off on the name change for that reason. Decide on the name change when they get older. Doing this after the divorce will mean going through a complicated and costly process.
Women take on their husbands’ last names. They do this right after getting married. Women have the option to change their family names after divorce. Or, they keep it. Women don’t have to keep their husbands’ family names.
Should you change your name after divorce?
Divorce is a life-changing moment for women. It can be traumatic for some or liberating for others. The choice of whether to keep or alter one’s last name after being divorced is a significant one for many women.
Reasons for keeping the married name.
The decision to keep one’s married name involves many factors. An ex-wife wants to keep her children’s surname. An ex-wife built her professional reputation using the married name. She doesn’t want to confuse coworkers or clients by changing it.
Mothers think the bond they have with their children is the most important consideration. More so when deciding on a name. The shared last name serves as a reminder of the ongoing ties that bind. Having the same last name as the kids minimizes misunderstanding at school. It is from a practical standpoint.
Other factors include the woman’s age when she got married and the length of her marriage. Some ladies have been using their marital names longer than their maiden names. Their social and professional identities depend on using their marital names.
Divorce is that moment of hectic time filled with court appearances. It was full of lawyer appointments and paperwork to sign. They have a divorce judgment in their possession. The last thing they want to do is take time off of work to spend all day waiting outside the Secretary of State’s office. They came this far with that family name, why change it now?
Some women favor using their married name. It might sound better when combined with their first name. Their name is easier to say, spell, have an ethnic sound they prefer, or even just be shorter. This plays well with modern women who believe their name is their brand. Women can find their pre-marriage life to be less desirable even after the sorrow of divorce. Going back to their maiden names could cause them to not want to bring up those old associations.
Reasons for not keeping the married name.
Women’s single status has a significant impact on them. They want a name change’s symbolism to reflect this. Women have experienced severe emotional harm from their ex-spouses. They desire to get rid of any memory of that individual. Some may view divorce as a step toward independence. They wish to consider the end of their relationship with a former spouse through a name change.
Women who have gone through a divorce could be seeking a new beginning. A new name gives them the chance to let people know they are no longer married. Women have preferred to go by their maiden names. They reluctantly abandoned it. They believed at that time it was the proper course of action. They could embrace the chance to reclaim their former selves. Some ladies could simply prefer their previous name for purely practical reasons.
How do you change your name in Michigan?
There are cases of ex-husbands seeking to compel the changing of their soon-to-be ex-wife’s last name. The wife’s last name cannot be changed by the judge; it must be done voluntarily by the ex-wife.
Your divorce decree serves as your formal name change document. You’ll be able to resume using your maiden name. You’ll use it throughout the entire procedure of changing your name after divorce. Each divorce is unique. The court issues a divorce decree as a summary of your divorce in its entirety.
You want your name changed following your divorce? Do it by specifying that in your divorce complaint. Remember to mention it in the initial divorce complaint. There is no fee or additional procedure to complete if it’s done during the divorce process.
A divorce decree’s scope is restricted and differs from state to state. Normally, they let you go back to using your maiden name or old last name.
By contacting the vital records office in your state, you can get a certified copy. The National Center for Health Statistics can be found online. A useful state-by-state guide about vital records was created by the center. You can get your divorce decree certified with the center’s help.
If your divorce decree does not allow it, you cannot change your name. Apply for a court-ordered name change. It can be the only other option you have. The only way to regain your maiden name.
Your divorce is finalized. You can apply to the court to have your last name changed. You must file a new complaint for a name change, which is more expensive. Submit your fingerprints. It will be necessary for identity verification. You have the state police checking your criminal history. You will publish a document in the legal news, and appear before a judge to have your name change approved.
Should I change my child’s last name too?
You cannot change the name of a child under the age of 18, especially if just one parent is asking the court for it. A name change for children requires the consent of both parents. Both parents sign the petition. The petition must be signed by each of you if you concur. Your child is less than 14 years old, usually aged seven or older. The judge takes your child’s preferences into account. The judge determines that your child is old enough to express a preference. Your child can add his or her signature to the petition expressing their preference.
You must be the custodial parent. You must have custody if you wish to approach the court to alter your child’s name. Especially without the other parent’s consent. The child is legally in the sole or shared custody of the custodial parent. You cannot alter your child’s name. The other parent has shared legal custody and refuses to sign the petition.
The name change procedure will go more smoothly if the other legal parent of your child having no legal custody, agrees to sign the petition.
The judge may nonetheless permit a name change for your child even if the co-parent refuses if the noncustodial parent:
[ a ] Possessed the capacity to assist your child financially but hasn’t done so significantly over the past two years.
[ b] Possessed the capacity to contact or see your child but hasn’t done so significantly over the past two years;
[ c ] Has a criminal record for sexual assault or child abuse, and your child or a sibling of your child was the victim; or
[ d ] Has a murder conviction in the first or second degree.
The judge determines your child is mature enough to express a preference. Your child must be under the age of 14, usually seven or older. The judge takes that into consideration. Your child can add their preference to the petition by signing it.
A consent form must be signed in front of the judge by your child, who must be 14 or older, to change their name.
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