A Rose by Any Other Name? Changing Legal Name After Divorce

A Rose by Any Other Name?

To change or not to change?  Is that the question?  

If you are getting divorced, you may be considering changing your name.  

You need to know that name changes done via New York divorce law proceedings, mean that you cannot change your name to a name that you have never used before. That’s right, you can only change your name to a name that you used before the marriage.   However, if you’d fancy being called by a totally new name, you are able to do so legally in New York, but not in coordination with your divorce proceedings  . . . it is an entirely separate legal process.  “Though this be madness, yet there is method in’t” (Shakespere obviously foresaw the future of divorce proceedings). 

Okay, so you’re fine with simply changing back to your former (or one of your former) name(s).  First, you need to gather several documents … be prepared, do it before you begin the process because“‘twere well it were done quickly”. Dust off your file folders, or order the docs online, just do it all before you start the process.  In most cases, you’ll need a certified copy of the New York divorce decree; proof of identification, a valid passport, driver’s license, or State identification card; and, proof of age, a birth certificate or adoption decree.  

NOTA BENE!  Before you take steps to change your name on various legal documents and accounts, you need to review your divorce decree. If the divorce decree does not include a provision that grants your name change, you may need to petition the court to modify the divorce decree.  So, I strongly encourage you to include this in your divorce decree whether you’re currently considering a name change or not.  Who can  know what to-morrow, and to-morrow and to-morrow holds? 

Name Change Ramifications:  you’ve got work to do!  You’ll need to advise these institutions:

• Social Security Administration

• Internal Revenue Service

• United States Postal Service

• Department of Veterans Affairs where relevant) 

• Department of Motor Vehicles

• Healthcare providers

• Insurance companies

• Holders and managers of retirement accounts

• Financial institutions, banks, and creditors

• Schools, including your children’s schools

• Employers

As someone who has changed my name twice, I can assure that it is pretty frustrating at times and that all the bureaucratic hurdles are endless, but if it’s something you want to do, I say do it!  I’m happy I did, I just decided to take each new request for yet another document, proof or signature in stride and not let the time and effort required interfere with the satisfaction once the task was complete. 

After all . . .  a rose is not a violet, nor is it a daisy or a fern . . . a name is very personal and you should have the one you want.

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