Divorce marks the beginning of a new chapter, and for many, that includes reclaiming their previous name. Changing your name after a divorce in Florida is a straightforward process, but it requires attention to detail to ensure your legal documents reflect the change. Whether you’re returning to your maiden name or choosing a completely new one, this guide will walk you through the necessary steps.
Requesting a Name Change During Your Divorce
The easiest time to request a name change is during your divorce proceedings. Florida law allows you to include your request to revert to your former name in your Petition for Dissolution of Marriage or in your response to the divorce petition. If the court approves, the Final Judgment of Dissolution of Marriage will include a clause restoring your former name.
Key Benefits of Including the Name Change in Your Divorce:
- Saves time and money by avoiding a separate legal process.
- Ensures your new name is legally recognized as soon as the divorce is finalized.
Changing Your Name After the Divorce is Finalized
If you didn’t request a name change during your divorce, you can still legally change your name later. However, this requires filing a separate Petition for Name Change with the court.
Steps to Change Your Name After Divorce:
- File a Petition for Name Change: Submit the required petition to your local circuit court. Florida courts provide forms for this purpose, which you can find online or obtain from the court clerk.
- Background Check: Florida law requires individuals seeking a name change to undergo a criminal background check. This ensures the name change is not being sought for fraudulent purposes.
- Attend a Hearing: Once the petition is processed, you may need to attend a court hearing. The judge will review your case and, if approved, issue an order granting your name change.
- Update Legal Documents: After receiving the court order, update your name on essential documents, including your driver’s license, Social Security card, passport, and bank accounts.
Updating Your Name on Legal and Financial Documents
After the court approves your name change, the next step is updating your name on all legal and financial documents. Here’s a checklist to help you get started:
- Social Security Card: Submit the court order and a completed SS-5 form to your local Social Security office.
- Driver’s License: Visit your local Florida Department of Highway Safety and Motor Vehicles (FLHSMV) office with your court order and updated Social Security card.
- Passport: Apply for a passport name change with the U.S. Department of State by submitting your court order, existing passport, and required forms.
- Bank Accounts: Contact your bank or financial institution to update your accounts and issue new checks or credit cards.
- Insurance Policies: Notify your health, auto, and life insurance providers to update your policies.
Considerations When Changing Your Name
Returning to a Maiden Name vs. Choosing a New Name
While Florida allows individuals to revert to their maiden name, selecting a completely new name is also possible. However, choosing a new name outside the context of a divorce may require additional steps and scrutiny.
Impact on Children
If you share children with your ex-spouse, consider the impact of your name change on your children. While it’s a personal decision, maintaining the same last name as your children can provide continuity and reduce confusion in school or medical records.
Conclusion
Changing your name after divorce in Florida is an empowering step toward reclaiming your identity and moving forward. Whether you request the name change during your divorce proceedings or afterward, following the legal steps ensures a smooth transition. For guidance specific to your situation, consult an experienced family law attorney who can help navigate the process and answer any questions you may have.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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