Going through a divorce can be an emotional and draining process. One of the many decisions you may face is whether to keep your married name or revert to your maiden or previous legal name. If you wish to do so, you will need to know how to change your last name after a divorce.
While it may seem daunting, the process is fairly straightforward when you know what steps to take and which forms to complete. It is important to know the step-by-step process of changing your name after divorce, including the necessary documentation, legal procedures, and how to update your records going forward.
Step 1: Decide on Your New Name
Before initiating the name change process, decide what name you want to use. Many people opt for their maiden name, but some may prefer a previously held name or variation of such. Be sure your decision aligns with legal requirements.
Step 2: Check Your Divorce Decree
If you mentioned a name change in your divorce proceedings, your divorce decree might already include the order that allows you to revert to your maiden name. If this provision is already in place, the process will be much easier when changing your name. Just make sure the judge has signed the decree and the clerk files it.
Step 3: Obtain a Court Order If Necessary
If your divorce decree does not include a name change provision, you might have to file a separate petition with the court to legally change your name. If so, you need to do the following:
- Fill out a name change petition.
- Pay a filing fee.
- Attend a court hearing if necessary.
After completing these steps, you will receive a court order approving your name change. It’s important to check with your local courthouse for specific requirements in your jurisdiction, especially if they vary from state requirements.
Step 4: Update Your Social Security Records
Once you have legal documentation of your name change, you can update your Social Security records. Updating these records is crucial, as it’s necessary for the DMV and banking. To complete this step, follow this process:
- Fill out the Application for Social Security Card.
- Gather all necessary documents, such as proof of identity, the divorce decree or court order, and proof of U.S. citizenship, such as a birth certificate.
- Submit your application to the Social Security office.
- Receive your updated Social Security card, which should include your new name with the original Social Security number.
Step 5: Change Your Name on Your Driver’s License and Passport
After updating your Social Security card, you can visit the local DMV to change your name on your driver’s license or state-issued ID. To do this, you’ll likely need to present:
- The certified divorce decree or court order
- Your current driver’s license or ID
- Proof of residency
- Your new Social Security card
If you have a passport, you must also have it changed to match your name at the Social Security office. Depending on when your passport was issued, the form you will need varies. Mail the application, and prepare to wait several weeks for the application to process.
Step 6: Notify Financial Institutions and Your Employer
Once you have legally changed your name, you need to update your records at your banks, credit card companies, and other financial institutions. It’s also imperative that you inform your employer of the name change. That way, payroll can update your records, including tax forms and direct deposit information.
Other important institutions to contact could include:
- Utility companies
- Voter registration
- Insurance providers
- Professional licensing boards
- Schools or alumni associations
- Medical providers
- Subscriptions and memberships
FAQs
Q: How Do I Revert to My Maiden Name After a Divorce?
A: To revert to your maiden name after a divorce, you need a court order, called a Petition for Change of Name, or a provision in your divorce decree allowing the name change. If the decree includes the order, you can use it to update your records at the Social Security Administration, DMV, and other institutions.
Q: How Long After My Divorce Do I Have to Change My Name?
A: There is no legal deadline for changing your name after a divorce. You can revert to your maiden name immediately after your divorce is finalized or wait until later. If the divorce decree does not include a name change order, you may need to go through a separate legal process to have it changed later. Because some institutions require updated information within a reasonable timeframe, it’s a good idea to change your name on all professional and government documents as soon as possible to avoid any future complications.
Q: How Do I Change My Name on My Social Security Card After a Divorce?
A: To change your name on your Social Security card after a divorce, you need to provide proof of your legal name change, such as the divorce decree or court order. Visit your local Social Security Administration office, or mail in an application, proof of identity, and the original copy of your divorce decree. After it’s processed, you will receive a new Social Security Card.
Q: How Much Does It Cost to Change My Name Back to My Maiden Name in California?
A: In California, changing your name back to your maiden name after divorce costs $435-$450 for the filing fee, which covers court costs. This is payable to the clerk when you file your forms. If you cannot afford the fee, you can apply for a waiver. To be eligible for the fee waiver, you must receive public benefits, your income must fall within a certain amount, and you must show that you struggle to meet basic needs.
Contact a Family Law Attorney Today
Divorce can happen to anyone. If you’re experiencing a divorce and considering changing your name upon finalization, it’s important to follow these steps for how to change your last name after a divorce.
You don’t have to navigate the divorce or name change process alone. The experienced family law attorneys at Khalaf Law Group can explain the proceedings and make sure all paperwork is filed accurately and quickly. Contact our office today to discuss your options and rights as you move forward during and after your divorce.
