Changing Your Name in a Divorce
Divorce marks the end of a marriage and often the beginning of a new chapter in life. For many, it is also an opportunity to make a fresh start. One way to do this is by changing your last name. This can be by dropping your spouse's last name or adopting a new one. Whatever the reason may be, changing your name in a divorce can be an important step towards reclaiming your identity.
At Abrahamson Law Office, we understand that this decision is highly personal and can be an integral part of the divorce process. Our experienced divorce attorneys will strive to guide you through the considerations and practical steps involved in changing your name during a divorce.
The Importance of Changing Your Name
Changing your name after a divorce often symbolizes reclaiming your identity or closing a chapter from your past. For some, it's a way to reconnect with their pre-marital self, while for others, it's a step toward establishing a new identity. As you weigh this decision, it's important to reflect on the significance of changing your name and the reasons for doing so.
Reasons for Changing Your Name
There are various reasons why someone might want to change their name in a divorce. Some of the most common reasons include:
Personal identity: Many individuals see a change in their last name as a way to redefine themselves after ending a significant chapter in their life.
Distance from an ex-spouse: Dropping an ex-spouse's last name can serve as a symbolic gesture of moving on and creating distance between the two parties.
Remarriage: In some cases, individuals may want to revert to their former last name to take their new spouse's last name.
Reverting to maiden name: For those who took their spouse's last name, a divorce may be an opportunity to go back to using their maiden name.
How to Change Your Name
Changing your name during a divorce is not as simple as just reverting to your pre-marital last name. You will need to follow specific legal procedures and obtain court approval. In Nebraska, the process of changing your name during a divorce typically involves:
File a petition or include a request in your divorce petition: If you want to change your last name during a divorce, you must include a name change request in your divorce petition. If you decide to change your name after your divorce is finalized, you will need to file a separate Petition for Name Change (DC 6:9.1) and pay the relevant fees.
Provide notice: You must provide notice of the name change request to your spouse and any other interested parties, such as creditors or government agencies. If providing notice of your name change would put you in danger, you can apply for a Waiver of Publication (DC 6:9.5).
Attending a court hearing: A court hearing will be scheduled where you will appear before a judge and present your case for changing your name. You will need to provide a Decree for Name Change Form (DC 6:9.3) for the request to be approved.
Receive approval: If the judge approves your request, you will receive a court order granting the name change.
After you receive approval from the court, your name will be legally changed. For further guidance on how to change your name, reach out to an experienced family law attorney.
Important Documents to Update After a Name Change
Once your name has been changed, you will need to update your legal documents and identification with your new name. Some of the key professional records you will need to update include:
Social Security card: Notify the Social Security Administration and obtain a new Social Security card reflecting your name change.
Driver's license and state ID: Update your information at the Department of Motor Vehicles.
Passport: Notify the U.S. Department of State to receive a new passport that correctly displays your new name.
Financial accounts: Contact your bank and credit card companies to update your accounts.
Insurance policies: Update your name with all relevant insurance providers.
Employer records: Inform your employer to reflect your name change for tax and payroll purposes.
Utilities and services: Make sure you update your information with your utility companies and service providers.
Social media and online accounts: Update your name on social media platforms (if applicable) and any online accounts you use.
Memberships and subscriptions: Notify any clubs or organizations you're a member of, as well as any magazine or service subscriptions.
It can often be overwhelming to make sure your name change is reflected in your personal and professional documentation. Abrahamson Law Office can help you prioritize and tackle these tasks.
Impact on Children When Changing Your Name
If there are children involved in your divorce, changing your name does not automatically affect their last names. In most cases, children retain the surname they were born with or any legal name changes agreed upon by both parents. Should you wish to change your child's name, you will need to apply to change their name and obtain consent from the other parent or court approval. Be mindful of how these decisions may impact your child and discuss them openly with them first.
FAQ for Changing Your Name in a Divorce
Q: When can I change my name?
A: In Nebraska, you can change your name either during or after the divorce. Including a name change provision in your divorce decree can simplify the process, allowing you to legally change your name without the need to file a separate petition later.
If you're unsure or need more time to consider your decision, you can always opt to change your name after the divorce is finalized. Remember that the timing of your decision can impact the documentation and processes involved in your divorce.
Q: Will changing my name affect my credit history?
A: Changing your name should not affect your credit history because your Social Security number remains the same. However, make sure you notify your creditors and update your information to avoid any discrepancies.
Q: Can I change my name during divorce proceedings even if my spouse objects?
A: Yes, you can change your name as part of your divorce regardless of your spouse's opinion. It is a personal decision that does not require the other party's consent.
Q: Can I use a hyphenated version of my prior and married names?
A: Yes, you can use a hyphenated version of your previous and married names. However, make sure to discuss this with your attorney and include it in the name change provision in your divorce decree.
Contact an Experienced Divorce Attorney Today
Changing your name in a divorce is an important decision that can have lasting implications. It's essential to carefully consider your reasons for changing your last name and understand the processes for changing your name during or after a divorce.
At Abrahamson Law Office, our experienced divorce attorneys can help you make informed decisions that best reflect your wishes and circumstances. Contact us today to schedule a consultation. Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, Washington County, Saunders County, Otoe County, and Dodge County.