Life After Divorce

Most people go into marriage with the intention to stay, which is why divorce is a very emotionally distressing time in most people's life. When you go through a divorce, it's like you have to wade through so many things that you've built through the years and then try to undo them one by one; routines, financial matters, future plans, even your name. For women who took the name of their husbands when they got married, changing their name back would be one of the things they think of doing. This isn't just to have closure on the matter on an emotional level but also for legal and practical purposes. One would find it easier to acquire new property someday in one's own name if the name has been changed back during the course of the divorce. 

So how do you go about changing your name back during (or even after) a divorce? In most states all you need to do is to request that the judge who is handling your divorce case to include a formal order saying that your name is restored to your former name. Check your divorce decree to make sure that it contains this order. If it does, then that's all the paperwork you're going to need to change your name back to what it was before you took your spouse's name.

Once you have the divorce decree, you can get certified copies. These copies are what you will bring with you when you need to have your name changed in personal identification records.

If your divorce decree doesn't include the the order to restore your former name, you can always request to have it added. If the divorce has already been finalized, it's still possible to change your name back to your former name without too much hassle, provided that you have official proof of your former name such as your birth certificate or even an expired passport. Some people just revert back to using their old names before the marriage and this is considered acceptable in some states.

In the matter of having your children's name changed, it was traditionally held that fathers had the right to assert their children's usage of their last name. However, these days it's not really a strict rule that courts follow. These days, a name change for a child may be petitioned and approved if the court sees any significant merit to do so. There are many things to consider though, such as the strength of relationship between the child and his/her mother and father. There are also some circumstances when a child would better intgrate into a new family structure with the change of his/her name. This is true if, for example, a parent wants to remarry and thinks that the child would adjust better to the new family by changing his/her name.

Ultimately, the judge will be the one to decide whether a change in name is for the child's best interest or not.

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