DIVORCE: WHAT HAPPENS TO YOUR NAME AFTER YOUR SUCCESSFUL DIVORCE
There is some information you should understand before you request a name change :
- You can seek a name change as part of the process of divorce only if you want to use the old name you used before marriage.
- Perhaps you did not change your name during a divorce. You can change it later in your county court when you have completed the divorce. The process will be determined by this court and it might differ from other county courts. That’s why it is advisable you see an Arizona divorce attorney who will give you the details of the process in your county.
- Perhaps you want a different name from the one you used before marriage. The court in your locality will help you with the process.
- Changing your children’s names after a divorce requires the consent of the other parent. The process is treated separately from the divorce process. Usually, the court in your locality will use the same system it uses in dealing with issues concerning children in divorce. The court will always have the best interests of children in mind. It is very likely that the court will turn your request down if the other parent has an existing relationship with the children.
- Your choices are broader if you have been divorced before. You can choose the old spouse’s name, your parent’s name, or you can maintain your current name.
- Changing your name doesn’t exempt you from certain duties like paying your debt or being prosecuted for any crimes that you may have committed.
- It’s your soon-to-be-ex or ex’s choice to change her or his name. You cannot force them.
- Unless you make an effort to change them, your name on documents will remain the same. After changing your name because of a divorce, the name you have on your certificates, will, driver’s license, etc. will be the same and will not be changed automatically.
Changing your name after a divorce can be difficult if you don’t know how to go about it. An Arizona divorce attorney can help you make the process as swift and stress-free as possible.
Here are some examples of situations that can lead to a name change:
After marriage
You are not expected to do anything to change your name after marriage. There is no need to see a divorce attorney and there is no need to visit an adult court in your locality. All you have to do is to request a license for marriage; ensure you have done this before the actual marriage.
Typically, and depending on your locality, you don’t need to wait before you get a license. You will need to pay certain fees for the filing of the marriage license and each partner must each be above 18 years of age.
Name change after divorce
This is where some effort is required. Most people would like to change their name after a divorce. Changing your name cannot be easily done on your own. You will likely need the service of an Arizona divorce attorney.
If you wish to go back to your old name, it is wise to contact an attorney early. The best option is to file the case together with the divorce decree. If you want an entirely new name, a name you have never used before, you will need to follow a different approach that is unrelated to divorce.
There are two forms that respond to divorce issues. They are the Response to the Petition for Dissolution of Marriage and the Petition for Dissolution of Marriage forms. These forms have sections where those involved in divorce issues can file for a name change, especially if they are returning to old names.
When the divorce process has ended and the two parties have been separated by the law, you can still seek a name change. An Arizona family law attorney will help guide you through the process.
Changing your name as an adult
If you are looking to change your name legally after you have turned 18 and you are not married and haven’t been divorced before, changing your name at this stage is pretty easy.
You will visit the court clerk in your area and ask for a name change. The clerk will hand you a Name Change Form and other forms that are applicable. You will fill them out, providing information such as your name, your address, your date of birth, etc. and submit the form.
The second document, the Order Changing the Name, will serve as a tool for you in case you want to carry a birth certificate around with your new name on it. A judicial officer will put a signature on it and thus signify that you can hold another or brand new birth certificate in your community.
Reach out to Us
Contact us today at Genesis Family Law and Divorce Lawyers if you are looking for an experienced team of divorce attorneys in Arizona who will fight for you and protect your rights. We have over 30 years of experience as Arizona family lawyers and have helped hundreds of individuals successfully change their names.
Feel free to reach out to our team of highly skilled family law attorneys so we can schedule a consultation. We know every case is unique and we will take the time to talk about your specific circumstances and find what works best for you. Give us a call today.
