Can I Get my Maiden Name Back After a Divorce?
It is common for women who take their husbands’ names to want to change them back after a divorce. It is a way to reclaim your remarriage identity and may help you to move forward with your new life.
The emotional strain of dividing a family makes divorce proceedings complex and difficult. An experienced divorce attorney can help guide you through these challenges, including changing your last name.
At Skillern Firm Divorce & Child Custody Lawyers, our experienced family law attorneys are prepared to help you with any family law matter. We will guide you through your divorce and help you to change your maiden name so that you can begin to look forward.
Our team truly cares about what you are going through, and whether your case requires negotiation or litigation, we will do what’s best for you to help you reach the best possible resolution.
Arrange a consultation with a member of our team today at (832) 688-6606
Can I Get My Maiden Name Back? FAQs
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You may need to petition the court for a name change separate from your divorce. You can do this with your local court clerk’s office. However, it might still be worth contacting your local Social Security office to see if they will accept your divorce decree as your legal name change document.
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Yes, it is completely up to you whether you want to change your name or not. Many people keep their name in order to keep the same last name as their children, for professional reasons, or simply for personal preference.
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If the father is still fulfilling his parental duties, then he can insist that his child keeps his last name. However, the court may allow a child’s name to be changed if it can be established that it is in the child’s best interests. You will need to check with a family lawyer to see if this is possible in your situation.
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You can use your maiden name while you are waiting to divorce. However, in order to get your name changed on things such as your passport, you need to legally change your name, which requires your divorce decree or court order.
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Anything that is part of your divorce needs to be agreed upon by both spouses or ordered by a Judge. Therefore, in order to revert back to your maiden name by using your divorce decree, it is easier if your ex approves. However, if he doesn’t, you can still change your name but may require a brief hearing or a separate court order.
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Your divorce decree will only allow you to revert back to your maiden name. However, there are other ways of legally changing your name if you wish to change it to a different name entirely. You will need to get in touch with your local court clerk’s office for further information.
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Your divorce judgment may have given you the right to use your premarital name, in which case you can go ahead and start changing your name on legal documents such as your Social Security. However, if it doesn’t, then you will need to file for a name change with your local court.
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Your name change will not come into effect until you have been issued your divorce decree or court order and you have changed your name on all important documents, such as your passport and driver’s license.
How Do I Get My Maiden Name Back in Texas?
Here is a step-by-step guide to restoring your maiden name in Texas. Once you have
your divorce decree, you will need to inform government agencies and businesses.
Your family law attorney can help you through each stage to ensure that everything
runs as efficiently and smoothly as possible.
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If you do not request your name to be changed within your divorce proceeding, you can file a petition for a name change. This requires completing the necessary forms, which can be obtained from the appropriate court. The forms will typically ask for information such as your current name, the desired new name, and the reason for the name change request.
Once you have completed the forms, you will need to submit them to the appropriate court. It is important to ensure that all required documents are included and that they are filled out accurately. Any errors or missing information could potentially delay the process.
After submitting the petition, the court will review your request and schedule a hearing. The purpose of the hearing is to allow the judge to evaluate your petition and consider any objections from your ex-spouse or other concerned parties.
During the court hearing, you must appear before the Judge to present your case, where they will review your petition and consider any objections, such as potential fraud or harm to others. If approved, the Judge will issue a final decree, officially granting your name change. This document is essential for updating identification records, including your driver’s license and social security card. Once obtained, you can begin updating your name with government agencies, financial institutions, employers, and other relevant parties. -
Once your divorce has been finalized, you need to let the government know that you are changing your legal name. You do that by filling out Form SS-5 and submitting it either by mail or at your nearest SSA office and paying the filing fee.
You are required to submit the following documents:
- Form SS-5
- Your original Social Security Card
- Proof of name change, either your divorce decree or court order
- Proof of citizenship, such as a valid passport or copy of your birth certificate
- Proof of your identity such as your driver’s license, passport, or state-issued ID card
Once you have alerted the SSA, you will receive your new Social Security card in the mail about two weeks later. They will also notify the IRS of your name change.
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Your next task is to get a new driver’s license. If you visited the SSA office in person, then you will need to wait at least 24 hours before going to the DMV. Or if you submitted information to the SSA via mail, then you will need to wait until you receive your new Social Security card.
You might be able to book an appointment with your local DMV online, or you may have to show up and wait to be seen. Either way, you will need to bring the following documents with you:
- A copy of your divorce decree or court order as proof of name change
- Your new Social Security card or your old Social Security card and the receipt the SSA gave you to verify your name change
- Proof of your identity, such as your current driver’s license or ID card
- Proof of citizenship, such as your passport
- Two documents that prove your state residency, such as a bank statement, utility bill, or mortgage statement (both documents must have your full name and address on them)
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Now you need to update your passport. However, if you have any existing travel plans booked in your old name, then you should wait until after your travels to update your details. If your name does not match any tickets or reservations, then you may be prevented from boarding your plan or checking into your hotel.
Updating your passport can be done via mail. If you have a valid passport that was issued less than 12 months ago, then you’ll need to file Form DS-82. Or if your passport is more than 12 months old, then you will need Form DS-5504. Alternatively, if your passport has expired for five years or more, you are applying for your first passport, you will need Form DS-11.
You will need to mail the following documents:
- The correct form
- A passport photograph
- The applicable fees
Your new passport will take 6-8 weeks to arrive.
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Your new name will need to be registered with your state in order for you to vote. You can update your name easily by visiting vote.gov or by downloading a National Voter Registration Application and sending it in the mail.
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Once you have a photo ID such as a passport or driver’s license, you can contact your HR department and let them know about your legal name change. They will ensure that your payroll information and any employer benefits, such as healthcare, are in your new name.
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Following a divorce, you may also be looking to move address, which is why it is important to update the USPS. You can update your name online at moversguide.usps.com.
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Now you will need to update all of your financial accounts, such as:
- Mortgage – You may need to call their customer service
- Credit Card – You may be able to change your name online, or you may need to call customer service
- Banks – You may need to visit a branch with your divorce decree or court order and photo ID
- Insurance – Any insurance policies you have out that are not employee-sponsored will need to be changed
- Investments – Any investments you have that are not employee-sponsored will also need to be changed
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You may also choose to change any remaining accounts such as
- Monthly subscriptions
- Cell phone
- Utilities such as electric and gas
- Utilities (electric, gas, water, garbage, etc.)
- Internet
- Loyalty programs
Factors to Consider Before Changing Your Name
Changing your name is a deeply personal decision that can have a profound impact on your life. It goes beyond simply altering a few letters on legal documents; it can signify a fresh start and help you regain your sense of individuality after a major life event, such as a divorce.
However, before embarking on this journey, it is important to carefully assess the various factors that come into play when changing your name.
Personal Identity and Emotional Considerations
When contemplating a name change, it is crucial to reflect on how it may affect your personal identity and emotional well-being. Your name is closely tied to your sense of self, and altering it can have both positive and negative implications.
On one hand, changing your name can provide a sense of liberation and empowerment. It can symbolize a new chapter in your life, allowing you to leave behind any negative associations or memories associated with your previous name.
On the other hand, a name change can also bring about a sense of loss or confusion. It may take time to adjust to your new identity and for others to recognize and adapt to the change. It is essential to give yourself the space and support needed to navigate these emotions.
Contact Skillern Firm Divorce & Child Custody Lawyers Today
At Skillern Firm Divorce & Child Custody Lawyers, we are proud of our experienced team, who are dedicated to the needs of our clients and their families. We will guide you through all family law matters, including divorce and changing your name.
We will work tirelessly to ensure that your rights are protected, your children’s best interests are prioritized, and that you have the tools you need to move forward with confidence.
To speak to one of our lawyers at Skillern Firm Divorce & Child Custody Lawyers today, call (832) 688-6606
