Can You Change Your Last Name Before Divorce?
You may also be able to change your name absent a pending divorce case. So, if you’re considering changing back to your maiden name while still married or thinking, “Can I use my maiden name without a divorce,” you may still be able to do this.
Every adult generally has the right to be called by the name they choose. They can petition the court for a name change. The court will generally grant such requests unless it finds the name change request is an attempt to evade a criminal history or creditors.
In other situations, people may wonder, “Can you change your surname before divorce?” but they have no intention of legally changing their name. For example, they may simply want to go by a different name for professional reasons or to use on social media. There are generally no rules against changing your name in these ways.
Is It Legal To Keep Your Married Name After Divorce?
Some spouses want to keep their married name because their children have their spouse’s surname. This leads many to wonder, “Is it illegal to keep your married name after divorce?” Typically, no, it is not.
Can You Make Your Ex-Spouse Drop Your Last Name?
If you’re wondering how to make your ex-wife drop your last name as part of the divorce process,” you’re probably out of luck. The spouse who changed their name usually only has the right to request to keep or change their name, not the spouse whose name they took.
Updating Documents and Identification Cards
To complete the legal name change process, you will need to update documents and ID cards There are different procedures for each type of document you are updating. You will generally need an original or certified divorce decree or court order issuing the name change.
Social Security Card
If you legally change your name, you will need to file for a corrected Social Security card. This process requires you to submit documents that prove your name change to your local Social Security Administration office, such as:
- A divorce decree
- Marriage document
- Court order approving the name change
If the name change occurred more than two years ago, you may need to submit an identifying document in your previous name to establish your identity.
Passport
To change the name on your passport, the process you will use depends on whether the passport was issued more or less than a year ago.
Less Than A Year Ago
You will need to submit the following documents by mail:
- Form DS-5504
- Your most recent passport
- The divorce decree or other name change document
- One color passport photo
More Than A Year Ago
You will need to submit these documents if you are eligible to file your passport application by mail:
- Form DS-82
- Your most recent U.S. passport
- The divorce decree or name change document
- One color passport photo
- Renewal application fee
If you are unable to file your application by mail, you will need to apply in person where you will need to be prepared to present:
- Evidence of U.S. citizenship (like a birth certificate or certificate of naturalization)
- Divorce decree or name change document
- Valid ID and photocopy of that ID
- One color passport photo
- Renewal application fee
Driver’s License
Driver’s license rules are different in each state, so you will need to contact your local DMV or similar office to inquire about what is necessary. Generally, you will need an original or certified divorce decree, your current driver’s license, and other documentation to confirm your identity.
Work Documents
Changing your name at work is usually only a matter of updating the payroll company and making an electronic request to this effect. You can also order new stationery and business cards with your new name.
Banking & Financial Information
You will also want to update your banking and financial accounts. Contact each institution to find out their requirements for making the update.
Other Documents
You may want to change your name on other documents and accounts, including:
- College degrees, professional licenses and certifications
- Utility accounts
- Mortgage documents
- Car loan notes
- Vehicle registration
- Voter identification cards
- Magazine subscriptions
- Membership accounts
Can I Change My Childrens’ Names?
Changing your children’s names may be more complicated than changing your own. If your children are also your spouse’s children, you will generally need their permission or a court order to legally change their names.
