I want to change my name when I get divorced, can I?
Yes, you may return to your birth last name upon divorce.
What steps do I take to accomplish the change of name?
The divorce complaint (or counterclaim) that you file should ask the court for permission to resume the use of your maiden name and indicate what that name is. This relief is routinely granted at the divorce hearing provided you are not seeking a name change to avoid criminal prosecution or to avoid creditors.
Does it cost extra to resume my maiden name?
No, not if you obtain this relief at the same time your divorce is granted. You must appear in court for the divorce hearing to answer a few questions about why you want to change your name.
What kind of questions will I be asked?
The court or your attorney will ask whether you are the subject of criminal investigation, whether you have filed for bankruptcy, and whether you are seeking to avoid any creditors by changing your identity. You must indicate why you wish to resume your prior name.
What are acceptable reasons for resuming a maiden name?
Most people indicate they wish to go back to using the birth name they were known by before they were married. If you have other reasons that do not include avoiding criminal prosecution or defrauding creditors, those reasons will likely be acceptable to the court.
My spouse doesn't want me to resume my maiden name. Can he prevent me?
No. This request is between you and the Court. If you satisfy the Court as to your reasons, then your request will be granted even if your spouse opposes it.
Can my spouse force me to go back to my maiden name?
No. The right to resume a maiden name is a right of the wife only. You must request the name change and testify in support of the change. Your spouse cannot compel you to change your name.
Can I also change our child's name when I obtain a divorce?
No. Changing a child's name is a separate procedure that requires the notification of both parents and usually the consent of both parents.
I already filed for divorce without asking to change my name. Can I change my mind and get my maiden name back when I am divorced?
Yes. The divorce complaint can be amended before the final hearing to add your request to resume the use of your maiden name. This frequently is done orally at the time of hearing with the consent or your spouse. Otherwise, the amendment must be made in writing in accordance with the rules of court.
Do I have to wait to get divorced before I resume the use of my maiden name?
No. The common law gives you the right to be known by any name you choose. However, government agencies like motor vehicle and social security will often refuse to change your name without a certified copy of a court order permitting you the right to resume the use of your maiden name.
I already got divorced in New Jersey and didn't change my name then. How do I go about changing my name back to my maiden name?
You must file a post judgment motion with a nominal filing fee requesting the court grant you permission to change your name to resume the use of your maiden name. In some counties the court may ask you to appear in court for a brief hearing to ask you the questions that you would have been asked at the divorce hearing. In other counties the court will accept your sworn statements in the post judgment motion and amend the final judgment of divorce to permit you to resume the use of your maiden name.
Can I change my name without a lawyer?
There is no requirement that you have a lawyer to change your name although a lawyer will be more familiar with the rules and motion requirements. You can complete the paperwork and the process yourself. You must learn about and follow the same rules as lawyers. If you wish to do this it is advisable that you have a consultation with a family lawyer or research the procedure in a local law library.
