How to Legally Change Your Name After Divorce in Texas
Are you ready to change your name after your divorce but unsure where to start? Legally changing your name involves numerous steps and requirements, but you don’t have to handle them alone. A lawyer can guide you through the process, represent you during court hearings, and help you update your legal documents to reflect your new name.
The Legal Framework for Name Change After Divorce in Texas
In Texas, the law provides a straightforward way to revert to your pre-marriage name during the divorce process. When you file for divorce, you can request a name change in the initial divorce petition or in the response if your spouse filed for divorce. The judge will then include the name change in the final divorce decree. However, this option only allows you to return to a name you previously used before your marriage. You cannot choose a completely new name through this divorce name change procedure.
If you wish to adopt a new name different from any you have previously used, you must complete a separate legal process. This involves filing a petition for a name change in the court and following a specific set of legal steps that are not covered by the divorce proceedings.
Family court judges have the authority to approve your request to change back to your former name during divorce proceedings. The law specifically states that a judge should grant the name change unless there is a reason to deny it. Reasons for denial are not common and typically involve considerations of public interest or safety.
Comprehensive Guide to Changing Your Name After Divorce in Texas
Here’s how you can change your name if you are seeking to return to your maiden name or a previously used name through the divorce process:
- Request the Name Change in Your Divorce Petition: When you file for divorce, you can include a request for a name change in your original divorce petition if you are the one initiating the divorce. If your spouse has filed for divorce, you can make the name change request in your response to their divorce petition.
- Receive the Request with Your Final Divorce Decree: The judge handling your divorce case will review the name change request as part of the divorce proceedings. If you meet the criteria, namely that the name you wish to revert to was used before your marriage, the judge typically includes the approval for the name change in the final divorce decree. You must obtain a certified copy of this decree from the court. This document serves as legal proof of your name change. The court clerk can provide you with a certified copy for a fee, which varies by county.
- Apply for a Change of Name Certificate (Optional): If you prefer not to use the divorce decree as proof of your name change for privacy reasons, you can request a Change of Name Certificate from the court. This certificate is a simpler document that proves your name change without showing other divorce details. You can obtain this certificate at the clerk’s office where your divorce was processed, typically for a small fee.
Changing Your Name to Something You Have Never Used Before
If you decide to change your name to something entirely new instead of reverting to a previous name, you will need to follow a separate legal procedure apart from your divorce. You start by filing a petition for a name change in the district court of the county where you reside. This petition must include your current name, the new name you desire, and reasons for the change. You must also verify the petition, which means it needs to be sworn before a notary.
Once you’ve filed your petition, you will also need to provide your fingerprints. This is necessary for a background check conducted by the Texas Department of Public Safety (DPS) and possibly the Federal Bureau of Investigation (FBI). This check ensures you are not changing your name to avoid legal responsibilities or for fraudulent purposes.
After submitting your petition and fingerprints, you’ll typically need to pay a filing fee. The amount can vary by county. Once all materials are submitted, a hearing will be scheduled in which a judge will review your request. During this hearing, you must demonstrate that your name change is in your best interest and not detrimental to the public interest.
If the judge approves your petition, they will issue an order for the name change. This legal document officially recognizes your new name. You should obtain several certified copies of the order from the court, as you will need these to update various personal records and identification documents.
Practical Steps to Take Following Your Name Change
After successfully changing your name, you should take several practical steps to ensure all your records reflect your new identity. First, update your driver’s license with the Texas DPS. You will need to show your name change order or certified divorce decree as proof of your new name. Next, you should change your name on your Social Security card. Visit the Social Security Administration’s office or their website to complete the necessary forms and provide a copy of your name change order.
You should also update your passport if you have one. Fill out the appropriate form for a name change on the U.S. State Department’s website and submit it along with your name change document and current passport. Additionally, inform your bank, employer, and other institutions where you have accounts or records and provide copies of your name change order so they can update their records.
Contact Balekian Hayes, PLLC, for Family Law Assistance
Changing your name can be a big part of starting fresh after a divorce. At Balekian Hayes, PLLC, we’re here to guide you through every detail of the divorce process, including your name change. Contact us today to arrange a consultation with a Dallas divorce attorney, and let us help you step into your new life with confidence.