Name Changes
For some people, simply getting a legal divorce isn’t enough to turn the page on the future. It is also an opportunity for women to legally and seamlessly change their last name back to their maiden name. Each state’s rules around name changes are different, but in most cases the court will allow the name change to be included within the divorce proceedings.
To get a legal name change as part of a divorce, the person desiring the change will need to show a birth certificate or other proof of what the previous name was. Most states will then do a background check to ensure the spelling accuracy and that the change is not for illegal reasons like to commit fraud or skirt debts. In some states, it’s permissible to just start using your maiden name without any formal ruling or permission from your spouse, so be sure to check what’s possible where you live.
Changing a Child’s Name
It is possible to also change a child’s (or children’s) name as part of a divorce settlement. For years courts somewhat assumed keeping the father’s last name was in the best interest of the child as long as the father was actively involved in their life, but with the dynamics of modern families always in flux, that assumption is not as hard and fast as it used to be.
Being raised by a single parent and/or same-sex parents can also affect how a court might determine how they approve a child’s name change.
There are several factors a judge has to consider in order to grant a surname shift:
- How much time the child has used the existing name.
- What siblings may be involved.
- Relationship with the other spouse.
- How the child needs to identify with a new family unit.
- How the child feels about the change.
Does the Child’s Preference Matter?
In short, the judge will consider what the child’s needs and desires are around the modification. The biggest determining factor – which, of course, can sometimes seem subjective – is if the new last name switch serves the child and their future. The child also has the option to legally change their own name once they become of age within their resident state.
What Changes and What Doesn’t?
A name change for a spouse or child does not change anyone’s legal responsibilities. Any binding agreements will remain intact and enforceable regardless of any altering of family monikers.
With any legal identity change, it’s also important to update any legal documents like driver’s license, bank accounts, and health insurance as quickly as possible to avoid any confusion with those entities. It’s clear to see that changing a name during a divorce has many ramifications and considerations. It’s also important to know anyone can petition a court at any time to change their name. A divorce is not the only opportunity to do so.
