Maiden name is the actual surname of the married woman that she used to have before her marriage. Almost every woman after her marriage changes her actual surname to the surname of her husband. But unfortunately, not all relationships have happy endings. Some of them may lead to divorce.
After divorce, getting your maiden name back is not that easy as you think. You cannot just simply tell others that you have changed your surname. There is a whole legal procedure you have to follow. In this article, you will go through the method of changing back to your maiden name.
Requesting A Name Change During Divorce Proceedings
For avoiding the issues that may arise later, it is a great idea to talk about your surname with the court. Most of the people don’t think about changing their surname at the time of divorce proceedings. It will be beneficial for you if you make it clear at the time of filing petition that you want to change your surname after divorce and want the real surname yours back along with your name.
Your main motive should be to avoid any additional hearing during the divorce procedure. Additional hearing makes the process of your divorce more complicated and time taking. Both of the spouses have been given the opportunity to speak at the time of the hearing. Your job should be to avail this opportunity and speak up about all the things you want to resolve. This is also a good time to discuss the topic of changing the surname.
Keep in mind the things where your new name is necessary to be displayed for example on the registry of Motor Vehicles, on your passport as well as in the Social Security Administration office. Other than these things, wherever you think that changing your name is important, take the certified copy of the decree from the clerk’s office with you.
To avoid the problems of payroll, finances, and taxes must tell the Internal Revenue Service, your bank company, and your employer about your decision of changing your surname.
Making Amendments To Your Divorce Decree
Once you receive the copy of your divorce decree, go through and check what name is written in it. In some states, they write your previous name in your divorce decree by themselves. If you find your actual name in it, then it’s absolutely fine. If you don’t and for that, you have to give an application to make it done. It’s better to write your actual surname while doing the paperwork for divorce. It will save your time and many other complications. Attending court hearings is the worst part of the divorce. We should find a way to avoid them.
If you won’t be able to find the way before then you will be required to file another case for changing your name back to your former name. The case number will remain the same as this name-changing case will be considered as an additional hearing, not a separate case. For letting the court know that your divorce has been finalized, you have to attach a copy of your divorce decree along with your case file. After you file another case, the judge will make by asking some necessary questions like the reason behind changing back to your maiden name. They will ask you to attend the hearing depending upon the location where you live. The judge will allow to you change your name by signing the order if he will be satisfied with your response. Once you receive the permission from the court then you will need to convert the decision of the court and into a certificate and then submit it to places where you want to change your name. As your name is not the same now so you have to make new documents like a passport or ID card by paying fees.
Filing A Petition For A Name Change
You can also change your name by filling government-issued petition. It is the third way to change your name. For filling out those papers, you can download the form online with the help of the internet free of cost. Make sure that all the forms filled by you are accurately, filled completely. Must sign those papers on the right places before you submit them.
Some people want their surname to be changed without even getting a divorce as they are comfortable with their previous surname. By using this method, you can get back your maiden name even when you are happily married.
This procedure is the easiest than others but remember that you still have to pay fees for filing the petition. The total expense depends upon where you live. For the exact amount you can search on the internet or by call the government helpline.
You need to attach a piece of paper along with your petition that includes all the details regarding “why you want your name to be changed” This will help the court decide whether to allow you for the change or not.
In this process, you also have to go to a hearing and appear at court on time. They will further ask you about the reason behind your this decision. You can also provide any evidence if you think it’s necessary. If they will be satisfied with your answer then they will sign the form and allow you to change your name but then it’s your responsibility to deal with the remaining processes.
Contact your court clerk and get a certificate that gives you permission. You can use that certificate to getting your name change from where you want.
You may have to face a delay in the court hearing if you have any criminal record especially if that crime was committed during marriage life. You have to face multiple hearings to clear everything and satisfy the court that you are not changing your name for any illegal thing.
