While many people change their names when getting married it is understandable that many would change their names back after a divorce. To be sure, many women may decide to change their names back to their maiden name after a divorce. The process of name changing varies by jurisdiction, however most states make the process fairly simple by having a judge enter a formal order restoring a maiden name as part of a divorce decree. If this is the case, then there is nothing else that needs to be done. A certified copy of the court order is sufficient as proof of the name change. This court order can be used to change your name on your ID card, bank accounts and any other items you want.
When the name change request is not included this in the divorce petition, the process can be more difficult and time-consuming. In the situation where the husband files the divorce, he will likely not ask for the wife’s maiden name to be restored. In this situation, to ensure that the request to restore the maiden name is heard before the court, the wife may have to file her own cross-petition for dissolution after the husband files. If your divorce decree does not contain the name change it is still possible to have the decree modified to include language that changes your name. If the name change is not entered into the court record, there may be other available avenues to change your name. In Indiana you can file a Verified Petition for Name Change as an adult.
Changing Children’s Last Name
The traditional rule among most courts is that the parent has the right to insist the child continue to use his last name as long as the father continues his duties as a parent. This rule has been modified in some states allowing the change of children’s names to the mother’s maiden name when she changes her last name after divorce. Under current trends a court may order a child’s name to be changed to the mother’s maiden name when it is clear that doing so is in the best interest of the child.
Just as in child support or custody situations, a number of factors are weighed in making the decision of what qualifies as the best interest of the child. Factors include the age of the child, the mother-child relationship, how long the father’s name was used, if any other siblings would have a different last name, if the child is well known in the community by a different last name, any negative impact that the child would encounter due to the name change, and any benefits of the name change. The court balances these factors against the relationship of the father and child. When children are involved it always boils down to what would be in the child’s best interest in each given case.
If a name change for the children is ordered, this does not change the legal relationship between the father and the child, nor does it change the rights and responsibilities of either parent in terms of child support, visitation or inheritance rights. Any other legal rights would need to be changed by a separate court order.
Seek Legal Assistance
If you are facing a divorce and are curious about changing your name or your children’s name(s) you should contact an experienced attorney who can represent your interests and make sure the process is done correctly. Attorney Christopher Arrington is an experienced and dedicated family law attorney in Danville and surrounding counties. He works with clients to provide the highest quality services and seeks to solve problems in a cost-effective manner to obtain the best outcome for you.