Name change after divorce

NAME CHANGE AFTER DIVORCE

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When a couple gets divorced in Illinois, a partner who shared their spouse’s last name may decide they want their former or maiden name back. How this is done depends on whether the name change happens as part of the divorce decree or whether you wait until after the divorce is over.

The easiest way to change your last name in the event of a divorce is to add language in your divorce decree that gives you the option to make the name change. You can change your name at any time after the divorce. If the Judgment includes the right to revert to your maiden name, you do not have to publish a notice with a newspaper; the divorce decree will be the document that public agencies will use to change your last name on official documents.

If you do change your name, you should update your name on any formal documents, especially identification documents. This includes, but is not limited to:

Social security card
Passport
Driver’s license
Financial institutions, like banks and credit cards
Public utilities

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If the Judgment does not include this language, you will need to file a separate action, petitioning the court for a name change. You will need to attend a hearing in front of a judge who will determine if your request will be granted. The judge will take into consideration your reasons for changing your name and ensure that there are not any circumstances preventing the name change. If you were charged with a felony or certain misdemeanors during the time you used your married name, you must wait until 10 years have passed from the end of the sentence you served for the crime before you can change your name.

If the judge grants your petition, he will sign your Order for Change of Name, which will allow you to legally change your name. After the judge signs the Order, you will need to file the Order with the Circuit Clerk and request copies to provide to other agencies to change your name on the documents listed above.

The bottom line is, if you are getting divorced, you should make sure you include language in the decree granting you the right to revert to your maiden name.