Divorce can feel like a fresh start for many, but that doesn’t mean completely leaving the past where it is. For some, reclaiming their former name through a name change after divorce can be a powerful step toward moving forward with their life. Learning how to change your name after a divorce can help you prepare for the next chapter of your story.
Why Consider a Name Change As Part of Your Divorce?
There are many reasons to consider changing a last name as part of your divorce or after divorce. Going back to a previous name can help you reclaim a sense of identity or provide some emotional closure. Others may use a name-change as a way to disassociate themselves from their former spouse. Whatever your reasons, knowing how to change a name back after a divorce ensures a smooth and legal transition.
Changing Your Name As Part of the Divorce Proceedings
Changing a last name after a divorce is finalized is certainly possible, but it will always be easier to do so during the proceedings. You can make a name change request in the divorce waiver, petition, or answer, and the divorce decree will be filed in your desired name. However, you should note that this process only works for changing your name back to a former name, such as your maiden name. You cannot change it to an entirely new name this way.
If you forgot to make the request during the divorce proceedings or needed more time to decide, you do still have the option to change a last name after a divorce.
Requirements to Change a Name After a Divorce in Texas
The following requirements must be met if you’re planning on changing a name after a divorce in Texas:
- Applicants must be at least 18 years old.
- The petition must be filed in the county where you currently reside.
- The new name cannot include any inappropriate or offensive language.
- The request for a name change must not be made with the intent to evade creditors or commit fraud.
- If you have a felony conviction, it must have been at least two years since you completed probation, finished your prison sentence, or received a pardon.
- Proof of any applicable Class A or B misdemeanors or felony convictions must be submitted to the court.
- The name change must be pursued for a legitimate and lawful purpose.
- If you are a registered sex offender, you must have notified local authorities of your intent to change your name.
Legal Steps to Change Your Last Name After Divorce
If you did not request a name change during the divorce proceedings, you can do so after the divorce is finalized, but you will need to file a separate petition. Here’s how to change your name back after a divorce or change it to something entirely new if you wish:
- File a Petition for the Name Change: Obtain and complete the “Petition to Change the Name of an Adult” form. This must be submitted to the district court in your county.
- Provide Fingerprints: Include a fingerprint card issued by the Texas Department of Public Safety with your petition.
- Pay Filing Fees: Filing fees vary but typically range from $150 to $300, depending on your county.
- Attend a Court Hearing: You may need to appear before a judge to explain why you’re requesting the name change.
- Get Documentation of the Change: After your name change is approved, you will next need to obtain a certified copy of the court order or a Change of Name certificate from the clerk’s office.
Updating Your Legal Documents After a Change of Name Following Divorce
Once your after-divorce change of last name is official, you’ll need to update your personal and legal records. These records can include:
- Social Security Card: Submit a certified copy of your court order to the Social Security Administration with a completed SS-5 form.
- Driver’s License: Visit the Texas Department of Public Safety to update your license.
- Bank Accounts and Financial Records: Provide your court order to update your name with your bank.
- Passport: Follow U.S. State Department guidelines for passport updates.
- Utilities and Insurance: Contact service providers to reflect your updated name.
Goranson Bain Ausley Family Law is dedicated to supporting our client’s individual needs throughout the divorce process. Our divorce coaching services, while they cannot directly assist with name changes following a divorce, they can offer ongoing support and guidance to clients as they navigate the different stages of divorce and begin their life anew. Contact us today to schedule a consultation.
