Any woman getting divorced will need to make a decision about what to do about their last name. They can move forward with keeping their current last name or change it back to their maiden name. This can be a tougher decision than it seems, especially if you have kids that share your current last name. Here is what you need to know about changing a last name.
When Is The Best Time To Change Your Last Name?
The good news is that you are not forced to make a decision on changing your last name at any point during the divorce. You can take care of it during divorce proceedings or do it after everything is wrapped up. However, you'll find the process to be a little easier if you change your last name before the divorce is finalized. Not only will you be able to streamline the process of changing your last name, but you'll save on some of the fees required to do so.
Waiting until after the divorce is finalized means that you must file all the paperwork separately. Part of the process is proving that you used the last name in the past, which can be done by providing a passport or birth certificate that has your full maiden name documented on it as proof.
Can Children Change Their Last Name?
It will be much more difficult if you want to change your children's last names when getting divorced. If the children's father is still in the picture as an active parent, you'll need to go to court and file a petition for approval. The court will then decide if they will allow the name change or not.
Thankfully, the court does consider the impact a last name can have on a child and uses that to make their decision. For instance, if the child states that they would suffer emotionally from retaining their father's last name, the court will be more likely to allow the change. If the mother simply wants to change the name because of the divorce, that may not be enough to have it approved.
Keep in mind that changing a child's last name doesn't take any rights away from the father. They will still have visitation rights and be ordered to pay child support if required.
For more info about name changes during a divorce, be sure to ask an attorney who is experienced in divorce law.
Share14 April 2018
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