After the divorce dust has settled, the only thing someone wants is a clean start, and one of the ways of starting afresh is changing the name. Whether you want to change your child’s name, revert to your maiden name, or take a whole new name, at Mehnaz Khan Law, PLLC, we will hold your hand and guide you through the process from start to finish.
Name change of a minor
A parent may decide to change the last name of their child due to divorce, re-marriage, or in situations of a non-involved parent. To change the name, the parent has to go through the circuit court and apply for the name change. Each parent should sign the form under oath in front of a notary.
The parent would also pay a small filing fee at the clerk’s office. Sometimes the clerk may schedule a hearing where the judge will sign the order, but in most cases, the judge will sign the order without a hearing.
A name change of a minor is straightforward, and the court will order the change unless the change is for a fraudulent purpose, is not in the best interest of the child, or will result in infringement of another person’s rights.
If you feel the process is complex or you have tried changing the name before, and you weren’t successful, reach out to me.
Name change of an Adult
You begin the process by filing a petition with the circuit court. To have an easy time, provide as much information as possible about yourself. This includes:
- Your current name
- Your place of birth
- Your current residence
- Your parent’s names
- Your marital status
- All of your previous addresses
- Names and addresses of your children
- Your education level and schools attended
- All your former names
- Information about your work history
- Your profession
Unless there is a complication, your name change will be granted without hearing. You can go through the process by yourself, but for a smoother experience, let me guide you.
Name Change as an incident to Divorce
If you had taken your husband’s name during the marriage, continuing to carry the surname can be a source of unwanted memories. Luckily, you can request the court to change it. For the change to be effective, you need to file a name change application form.
The form will ask for necessary information such as your current name, your parent’s names, your current address, previous names you had, and whether you have been convicted of a felony. A clerk of the court or notary public has to witness the application.
You also have to attach several documents, such as:
- Your birth certificate that will provide proof of your maiden name
- Your marriage certificate that provides proof of your married name
- Your divorce decree that provides the court with a non-fraudulent reason for the name change.
If all of your papers are in order, the court will grant your name change. After changing your name, you should now change your name with:
- Your banks
- Insurance companies
- The department of motor vehicles (DMV)
- The internal revenue service (IRS)
- The social security administration (SSA)
- Your credit card companies
- Your retirement and investment accounts
- Your insurance companies
- Your employer
- Your kid’s schools
- Your utility companies
- Your retirement and investment accounts
Name change as an incident to divorce is easy, but if you are having a problem with the process, I’m ready to help you.
Helping you make a smooth transition
Changing your name or that of a minor should not be complicated, but if you don’t want to walk the journey alone or you have tried and got a rejection, I’m here for your rescue. I will carefully go through your paperwork and ensure everything is in line. If the court requests a hearing before granting the name change, I will walk with you until you get the name you want.