Divorce can certainly bring about many changes, and one of the most personal decisions you might face is whether or not to change your last name. Changing your name after a divorce is not required or automatic, and is also not something your ex-spouse needs to agree to or can request without your agreement. It is entirely your choice. If you do decide to adopt a new name following a divorce, the process is fairly simple and doesn’t have to be overwhelming. This guide will walk you through everything you need to know about changing your last name after a divorce in Texas.
Should I Change My Last Name After My Divorce?
Changing your last name can be a public symbol of a fresh start, a way to reclaim your identity or create a new one, or merely a visible step toward moving on. Understanding your reasons for the change can help you feel more confident about the decision.
For some, a name change is a way to distance themselves from the past, cut ties with their ex-spouse. It helps close the door on the last chapter. Others may want to return to a maiden name for professional reasons, embrace familial ties, or simply prefer the name they had before marriage.
Many decide to retain their married name because there are children involved and they don’t want to have a different last name than their children. Or others have built a professional career since they were married, and changing the name may lose some of their professional recognition in the business realm.
Whatever your personal reasons might be, reflecting and gaining clarity about them can empower your decision and provide motivation throughout the process.
When Should I Change My Last Name?
You may choose to incorporate your name change into the divorce proceedings, or if you are undecided, you can wait until after the divorce is finalized. Let’s explore both options.
- Choosing to change your name while the divorce is pending can simplify the legal process and avoid additional costs. By including it as part of the final divorce decree order, you eliminate the need for additional paperwork, court visits and costs.
- Waiting until after the divorce is over gives you more time to consider the change and any possible ramifications, especially if you’re still unsure about what name you wish to adopt or its effect on your children.
Consider your confidence about making the change, your personal timeline, and the professional and emotional impact of each option to determine what’s right for you.
How Do I Include a Name Change in My Divorce Proceedings?
You can request a name change as part of your final divorce decree. Doing it this way saves time, money, and additional paperwork. There are no additional filing fees or other costs to changing your name as part of the divorce. Make sure to inform your attorney so your request for a name change is included in your initial filing (the Original Petition for Divorce or your Answer and Counterpetition), and the final divorce order. Your attorney can assist you in ensuring that every legal aspect is addressed, minimizing any potential issues down the line. It’s important to clearly communicate your desire for a name change early in the divorce process to ensure it is captured accurately in all legal documents.
How Long Does it Take to Change My Name?
The time frame to finalize your name change can vary. If included in your divorce decree, it takes effect immediately when the judge signs the final divorce order. If it is done after the divorce, the process can take several weeks up to a few months, depending on court hearing schedules. Understanding this timeline can help you make your decision and plan accordingly, especially if you need the name change completed by a specific date for professional or personal reasons.
What Name Can I Use After Divorce?
As part of your divorce proceeding, you can change your last name back to your maiden name or any other former legal name you used before marriage. Texas law does not generally allow you to pick a brand-new name through the divorce process. If you wish to change your name to a name you have not legally used before, it will require a separate lawsuit to change your name.
How Much Does it Cost to Change My Name?
Changing your name during the divorce process should not incur any additional costs other than certified copies of the order, as it’s as simple as telling your attorney who then includes it in the documents filed with the court. If you don’t change your name during the divorce process, filing fees, court costs, fees for certified copies of the necessary documents, fingerprints and a background search, and attorney fees, can all be involved. There will also be costs and fees when advising various entities that you have changed your name, and many will need a certified copy of your final order changing your name. Budgeting for these costs will help you ensure you have adequate funds to complete the process.
I Didn’t Change My Name in My Divorce. How Do I Change My Last Name Now?
You will need to file a Petition for Name Change with the court in your county, pay filing and court fees, pay for fingerprints and a background search, and attend a court hearing. Although this requires additional effort compared to having it included in your divorce decree, it is entirely possible with the right preparation and guidance. An attorney can handle the process for you for a relatively low cost since not much time is involved. However, if you want to complete the process yourself, here’s a general step-by-step guide; we always encourage you to check with your county clerk to verify their specific process:
Step 1: Gather Necessary Documents
You’ll need extra certified copies of your birth certificate, and a valid ID such as a passport or driver’s license. Organizing your documents ahead of time and making sure they are current can streamline the process and prevent any unnecessary delays. You may also want to have any previous legal documents that reference your current and maiden name, such as your marriage certificate and divorce decree.
Step 2: Obtain a Copy of Your Fingerprints and a Background Check
In Texas, you will need to have your fingerprints taken and submit them to both the Federal Bureau of Investigation and the Texas Department of Public Safety. Each governmental entity has its own fees that it charges for this process. Contact the court clerk’s office for your county to find out where you can get fingerprints taken and where they should be sent. You can also visit www.identogo.com for information about having your prints taken at a print and go” location. NOTE: This step is NOT necessary when you request a name change as part of your divorce.
Step 3: File the Petition for Name Change
Check with your County Clerk to determine if they have a form available for you to use to file the Petition for Name Change. There will be a court filing fee, so be prepared to pay this when you submit your paperwork. The filing fee can vary by county, so it’s wise to check with your local court for specific details and accepted methods of payment, as many courts only accept checks or cash. Also ask them exactly which documents and how many certified copies of each they require; you may want to also ask if they return or keep these certified copies. Having a clear understanding of the required document format and costs involved can help you avoid unexpected surprises and delays.
The Petition requires the following information:
- Your present full legal name and place of residence
- Your sex, race, and date of birth
- The driver’s license number for each driver’s license issued in the 10 years before filing the petition
- Your social security number
- The full name you are requesting
- The reason for the name change
- Whether you have ever been convicted of a felony
- Whether you are subject to the Texas sex-offender registration requirements
- Any assigned FBI number, state identification number, or any other reference number in a criminal history record system that identifies you, if known
- Any offense above the grade of Class C misdemeanor for which you have been charged (even if not convicted), along with the case number and court if a warrant was issued or a charging instrument was filed or presented
The Petition must be accompanied by a legible and complete set of your fingerprints on a fingerprint card format acceptable to the Texas Department of Public Safety and the FBI (see Step 2 above). Once you have filled in all of the required information, you will need to sign an unsworn declaration or have the Petition notarized by a notary public. The costs of filing the Petition will depend upon the County in which you are filing, but generally will range from $150 to $300.
Step 4: Attend the Court Hearing
After filing your petition, your matter will be assigned to a court. You will need to contact the court to determine how you request a hearing. Every county and every court has a different process in place. Your hearing may be virtual if your court allows for this, otherwise, you will need to appear in person. This hearing is typically very straightforward, but having all your paperwork organized and ready can help ensure a smooth process. During the hearing, a judge will review your Petition and, if everything is in order, grant your name change request by issuing an order. Be prepared to answer any questions the judge might have about your reason for the name change. After the hearing, ask the court clerk for several certified copies of the judge’s order. Be prepared to pay cash or by check for these.
Step 5: Update Your Personal Records and Accounts
Once your name change is finalized, you’ll need to update your name on all legal documents, including your Social Security card, passport, and driver’s license, as well as on bank and financial accounts, voter registration, utility accounts, merchant accounts, and other accounts. This step is crucial to ensure your new name is recognized across all areas of your life. Creating a checklist of institutions and entities you need to notify can help you stay organized, or you may use the one we prepared here.
Need Help with the Name Change Process?
Changing your last name during or after divorce can be a significant part of moving forward. If you have questions or need assistance with the process, our team is ready to guide you through every step, ensuring a smooth and hassle-free process. Reach out to us to schedule a complimentary case evaluation and take the first step toward your new beginning. We’re here to help.
