When you and your spouse tie the knot, you may be incredibly excited to intertwine your lives. From sharing a last name and home to starting a family, this can be the start of a new chapter. However, when your marriage is no longer working, you may make the difficult decision to file for divorce. This process can be incredibly overwhelming, as there are a considerable number of matters that must be handled. However, one aspect of this process you should not fail to consider is how to change your name. If this applies ot your circumstances, the following blog explores what you should know about these matters, including the importance of working with experienced Nassau County divorce lawyers to help you navigate these complex times.
Do I Need to Change My Name During a Divorce?
First and foremost, it’s important to understand that, in New York, you are not required to change your name when going through a divorce. While many people who file no longer wish to be associated with their spouse, it is not a legal requirement. Additionally, your spouse cannot force you to change your name, nor can they prevent you from doing so. Ultimately, the decision is up to you as to whether or not you wish to change your name.
You should note, however, that if you wish to change your name, you are limited. While a few states will let you change your name to anything, New York, like the majority of states, will only let you revert to a prior name. This means you can resume your maiden name or even a name from a prior marriage. However, you cannot choose something completely new.
What Are the Steps Involved in This Process?
Generally, the easiest way to change your name following a divorce is to handle the matter when filing. If you are the initial filer, known as the plaintiff, you can request this change during the divorce petition. If you are the respondent, meaning your spouse initiated the filing, you can include this request when submitting a response. Once requested, the judge will examine your request and, more likely than not, approve it. As such, it will be formally included in your divorce petition, which you can then use to update your legal name on identification documents like your Social Security card or driver’s license.
This is an easier process than attempting to change your name once the divorce decree has been finalized. If your divorce has already been finalized, you must then file a separate petition with the court to seek a name change, which could require an appearance before a judge to explain the reasoning.
While it may seem as though changing your name during a divorce is simple, you’d be surprised to learn that this process can be complicated, especially when trying to navigate the other aspects of your divorce. That is why it’s in your best interest to connect with an experienced attorney with the Sklavos Law Firm to assist you during this process. When you need help with your divorce, do not hesitate to contact us today to learn how we can represent you.