Friday 21 July 2017

Name change after Divorce: The Steps and Requirements

A person who changed his or her name after marriage will also feel compelled to change it after divorce. The process of name change after divorce will vary depending on jurisdiction. However, most courts allow you to file the petition alongside that on divorce. When the divorce will be granted, your prayers on reverting to your original name will also be granted. It is acceptable that you end the ties that bound you together. It helps you clear the bond when the change is done officially.

Though individual states and jurisdictions follow different procedures, it is easier and straightforward when you request the court to grant your request alongside the divorce. This allows you to revert to your original name or choose a new one. When the divorce has been granted, you will also receive the green light to adapt a new name.

If the divorce is granted, your name change after divorce request will also have been granted. To restore your original name, you will need a certified copy of the court order and are ready to go. This is what you present to the office of Social Service Administration, banks, Department of Motor Vehicle and any other institution that may require you to show proof of name change.

There are instances where the divorce order does not contain the request on name change. It is possible to return to the clerk and have the order changed to reflect the request on name change. There are jurisdictions that allow this long after the case has been decided. The amendments on the divorce decree are used as evidence for name change and admissible as legal and formal documentation.

There are instances where your request is not part of the divorce decree. This means that you have to undertake a different process of restoring your name or choosing another name. Some states require you to just begin using your old name and send the same request to institutions where you would like the name changed. The challenge is if you need to use a completely new name. Recent immigrants and people who cannot find their original identity papers will find a problem reverting their names.

The process of petitioning the court to change your name takes several weeks and may go up to three months. You will have to file your petition and wait for a court hearing that could be weeks away depending on the calendar of the court. The documents you will be required to present include certified copies of the divorce decree and documents showing your original name. The certified copy of the divorce decree might not cost you anything but the administration fees will depend on jurisdiction.

Changing the Names of Children after Divorce
Many jurisdictions lean on the side of children continuing to use the name of the father after parents have divorced. This happens regardless of the parent who is granted custody of the child. However, the father must show and proof his desire to continually take care of these children. However, there are instances where the courts grant the request by mother to change the name.

To change the name of the child, convincing evidence must be presented. The mother must show that changing the name will be done in the best interest of the child. Some of the factors considered include age of the children, how strong the relationship with their mother or father is, the duration the child has used the name that needs to be changed and whether the child stands to suffer if the name is changed. The mother must also proof that there are benefits of changing the name. The court is obliged to consider the interest of the child above that of the mother or father.

Always remember that changing the name of a child does not alter the relationship such a child has with the parent. This does not exonerate the parent from taking responsibilities like parental visitation, support, intestacy or inheritance, among other entitlements.

The easiest way to get name change after divorce is using the divorce decree. This is only automatic if you want to revert to your original name. Because each case is unique, it is advisable that you contact a professional name change agency to make the process fast, easy and cost effective. 

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