A common question when marriages dissolve is, “Can I change my name after divorce?” In Oakbrook Terrace and the rest of Illinois, you can. The easiest way to do this is to request the change during divorce proceedings. The change goes into effect right when the divorce becomes final. However, it is possible to change your name even after the divorce is finalized.
Erlich Law can guide you through the divorce process, including the changing of your name. Call us at (630) 538-5331 to talk about your situation.
What Are Your Name Change Options After Divorce?
Illinois has about 1.1 divorces per 1,000 people, and many of these divorces involve name change requests. The most frequent is reverting to the maiden name.
Go Back to Your Maiden Name
During a divorce, you can ask to revert to your maiden name. The divorce decree, which finalizes the divorce, makes this step official. It is legal documentation of your name change and can mark a symbolic way forward in your life. Including your name change in the divorce process has many advantages, such as:
- Convenience: Agencies such as the Social Security Administration and the Department of Motor Vehicles accept certified divorce decrees with name change provisions. If the decree does not involve a name change, these agencies should accept a certified court order from your separate name change proceeding.
- No separate processes needed: You can avoid a separate court fee and filing. Court hearings related to the divorce address the name change, cutting down on the legalities.
- Streamlined process: The effort of a name change is minimal compared to issues such as property division, child custody, and spousal support. Meanwhile, filing a separate petition after divorce to change your name requires extra steps.
- Quicker approval: People often ask to go back to their maiden names during a divorce proceeding. Courts typically do not need hearings on the matter, nor should name changes delay anything.
- Clear justification: Courts see the request to change your name during a divorce as practical, legitimate, and justified.
Pick a Different Name
You are not limited to going back to your maiden name, as you can choose a different name entirely. People do this for various reasons, including reinvention, a connection to their heritage, safety concerns, and negative associations with family members.
Changing your name to one that is not your maiden name does add steps. For instance, Illinois law requires you to file a petition and publish notice of the name change in a local newspaper. If safety concerns apply in your case, you may be able to bypass the newspaper step. Your lawyer can help.
Fortunately, this change to a different name can still be included in the final divorce decree. Expect extra steps such as the court petition and a hearing where a judge decides whether to approve the name change.
Change the Children’s Last Names
On occasion, a divorce proceeding name change may include changes for the children, too. Typically, both parents must consent to the name change, and an uncontested divorce lawyer can handle this process. However, a court order is necessary if just one parent consents.
If the parents disagree on the name change, Illinois courts consider the children’s best interests and relationship with parents. The court may also consider the children’s preferences, based on their age and maturity.
If both parents OK the children’s name change, it could become part of the divorce decree. In cases of disagreement, the parent who wants the name change usually has to file a separate name change petition. Since the petition is separate, the name change order, if granted, might not become part of the divorce decree.
Name change disputes for children are more common in contested than uncontested divorces. Uncontested divorces can be finalized in a few months. However, it could be six months to a year, sometimes longer, depending on the issues and level of conflict. If a child’s name change is the only thing holding up a divorce, a parent may prefer to resolve it separately through the court system. Talk with your attorney about your options.
Can Your Spouse Force You to Change Your Name?
Your spouse cannot force you to change your name. This decision is personal and voluntary, and belongs to you. If your spouse pressures you to change your name, you have every right to refuse to agree. Your attorney can ensure that a divorce settlement is in line with your rights and preferences.
How to Legally Change Your Name in Illinois After Divorce
You can request a name change either during divorce proceedings or after a divorce becomes final. During the divorce proceedings is easier but not necessary, especially if you are unsure about the name change.
During Divorce Proceedings
If you are certain about changing your name and are filing for divorce, include the name change request in the petition. If your spouse is the one filing, include the request in your response to the petition or during negotiations or hearings.
Before the divorce becomes final, check that the proposed judgment or decree includes the name change. If it is missing, you may need to file a motion or request an amendment. After the final decree with the name change is issued, update your name in Social Security records and on your driver’s license, passport, and other legal documents.
After Divorce Proceedings
If you are already divorced, you follow a different set of steps to change your name. A lawyer can take care of these for you, too. The process takes a few weeks to a few months.
- File a name change petition in the court in Oakbrook Terrace, IL, or your local circuit court. You have the option to do this online.
- Schedule a hearing. You probably can choose the hearing date and time if you file online, or you can opt for the court to assign the date and time.
- Publish a notice of name change in a local newspaper once a week for three weeks in a row. Request a waiver if doing this poses a safety risk.
- Attend the hearing, and bring your ID and paperwork. The judge reviews the request and should approve the name change if you have met all requirements.
- Update your name in Social Security records and on your driver’s license, passport, and other legal documents.
How Your Divorce Lawyer Can Help in Oakbrook Terrace
Your divorce attorney can help with name change requests both during and after divorce.
During the Divorce Process
Your lawyer can streamline the divorce by making sure the final decree includes the name change. The decree should clearly state that you have the right to revert to your maiden name or to adopt a new name.
Part of how to choose the right family law attorney is writing relevant questions before the initial consultation. Focus on areas of particular concern to you, such as the attorney’s experience in name changes. Name change requests should proceed smoothly in uncontested divorces. The spouses usually focus on cooperating and being as efficient as possible.
If you have reason to expect your spouse to contest the name change, ask about the lawyer’s expertise in resolving disputes through collaborative family law. A spouse may be more likely to object if the children’s names might be changed. Your lawyer can explain your case for the court to accept or deny such name change requests.
In case negotiations do not resolve the children’s name change issue, ask lawyers about their experience arguing name change requests in court. The court may be more likely to grant these requests when they reduce confusion, such as making currently different last names the same, if the child wants the name change and is old and mature enough to know what is going on, if the new name aligns with the child’s sense of identity, or if the child does not have much of a relationship with the parent contesting the name change.
After the Divorce Process
For a name change request that takes place after the divorce, your lawyer can guide you through the steps to make them as smooth as possible. An attorney’s assistance should minimize how long it takes to change your name after divorce. Your lawyer can also handle name change requests alongside other possible post-divorce matters, such as child support enforcement or child custody modifications.Changing your name can give you a fresh start and help you transition into life after divorce. Contact us at Erlich Law Office to learn how we can help with this and other divorce matters.
