It is common for one spouse to change their name immediately after a divorce. However, many people do not understand the process of doing so. To help, we have answered some questions, which can be found below.
1. How do I change my last name back to my maiden name?
- This can differ from state to state. In New York, most divorce decrees will contain a court order that recognizes a name change. If this happens during your divorce, the process has already completed and will be official once the divorce is finalized.
- To change your name on any legal documents, bank accounts, and identification cards, retrieve a copy of that court order to supply proof of your name restoration.
2. What if my divorce decree does not include a maiden name restoration?
- If your divorce has been finalized and did not contain a court order addressing a name change, you can file a file an FL-395 Ex Parte Application for Restoration of Former Name Entry of Judgment and Order.
- If this application is approved, the judge will sign the form and you will receive a certified copy to use as proof of your name restoration.
3. Can I change my children’s last names to my maiden name, too?
- The answer to this question varies on a case-by-case basis. In most situations, a judge will consider the best interests of the children. Most of the time, this includes the following factors:
- The age of the children
- The strength of the mother’s and children’s relationship
- The amount of time the child has used the father’s name
- The negative impacts of changing the children’s names
- The positive effects of changing the children’s names
Filing for Divorce? Let Eiges & Orgel, PLLC Help You
The attorneys at our firm understand how confusing and complicated the divorce process can become. We understand the various intricacies of such cases and are committed to helping our clients achieve the smoothest divorce processes possible.
When you are facing a life event as complex as divorce, don’t try to do it alone. Allow our New York divorce lawyers help you and your family. We can look at all the small and large details of your case and supply answers every step of the way.
Get the representation you need today! Call Eiges & Orgel, PLLC.