After divorce name change (Full Version)

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BellaRed -> After divorce name change (10/16/2009 7:09:43 PM)

My husband and I will be filing for divorce soon and I had a quick question.

We aren't going to use a lawyer, it's a divorce where we are writing things out and agreeing to what we both want. (no kids involved)

I have tried to look it up a bit, but not really finding what I am looking for online.

I want to change my name after the divorce. I was told that the option will be on the papers I get after we file, though I wonder if I don't have to state that when I go to file instead. Do I have to take my maiden name back, or can I just pick a name that I like? I can't seem to find the answer to the question, and I don't know anyone in my state that has gotten divorced in order to ask.

Wondered if anyone had a clue? Thanks!!!

:Indiana is the state, btw:



DarkSteven -> RE: After divorce name change (10/16/2009 7:16:43 PM)

It's not a divorce issue.  It's a name change issue.

Just get the divorce cleanly done, and THEN change your name.



littlewonder -> RE: After divorce name change (10/16/2009 7:22:31 PM)

Here in PA when you get a divorce it will give you the option of changing back to your maiden name for a small fee.

If you wish to take a completely different name then as DarkSteven said, finish your divorce and then apply for a name change where you can call yourself whatever you like as long as the courts agree with it.



aphotic -> RE: After divorce name change (10/16/2009 7:30:40 PM)

It depends entirely on state statutes. Some simply require that you go to the DMV with your birth certificate (for your maiden name), and others require it as part of the actual decree.

Regardless, if you want to change your name to something completely different, call your county clerk and ask where you can pick up the required forms. You have to go to court for this, and it usually costs around $140 - $300 depending on your state. That is if you do it yourself, and really, there is no reason to pay an attorney for something this straightforward.

The county clerk will let you know about the divorce name change situation in Indiana, too.



Muttling -> RE: After divorce name change (10/16/2009 8:08:32 PM)

In Tennessee, it's a pretty simple matter of paperwork.  Call your county clerk and ask what you need to do for the name change part only.   They can't advise you on much of anything else, but they should be able to help you with this.



CalifChick -> RE: After divorce name change (10/16/2009 8:12:22 PM)

Here is the main website for self-help court documents in Indiana:  http://www.in.gov/judiciary/selfservice/forms/

Here is the page for divorce/no kids/we agree on terms:   http://www.in.gov/judiciary/selfservice/forms/divorce-nc-agree.html

Click on "I have read the instructions and am ready to complete the forms online."  A new window will pop up with fill-in-the blank questions.  Question number 16 is "Does the wife want her former name restored?" (yes/no) and then there is a line for the former name.  After you fill out the questions, the completed forms appear at the end of the questionnaire.  On the Petition for Dissolution of Marriage (the 2nd form that appears), item number 8 will contain your answers to the "former name" question.

If you don't want any former name from your past, it appears that you may have to go thru a separate name change.  That part is not clear and an Indiana attorney would be your best best to answer that question.

Cali



BellaRed -> RE: After divorce name change (10/16/2009 8:55:59 PM)

Thank you so much everyone...Thanks CalifChick for the links..very much appreciated.

I know it seems like a silly thing to be concerned with..but when something like this is going on, I tend to focus on details so I can handle the big picture much easier.



Muttling -> RE: After divorce name change (10/16/2009 10:56:19 PM)

It's not at all silly.  It's a detail that is important for helping you to move on with you life.  I wish you well my friend.



Lockit -> RE: After divorce name change (10/16/2009 11:07:06 PM)

Our papers just asked what name I wished to go by. It didn't ask past names or anything. I put the name I wanted. lol It was a family name, but one I never used. I don't know if it was legal or not, but it was worth a try and it went through.



CalifChick -> RE: After divorce name change (10/16/2009 11:21:25 PM)

The Indiana papers that are specific to their courts do ask if you want to go back to a former name... it doesn't say the name you had immediately before you got married, but it does say "former name".  Since they specify, I would not choose a non-former name without asking an attorney in that state.

Cali



BellaRed -> RE: After divorce name change (10/16/2009 11:25:31 PM)

Thanks Muttle...I am handling things pretty good for the most part. I keep a smile on my face and look forward to the future.

haha..Lockit, I might just try that. I am going to ask when I take the papers in to file and see what they say. I hate my maiden name, so I would love to take another family name instead.



BellaRed -> RE: After divorce name change (10/16/2009 11:26:56 PM)


quote:

ORIGINAL: CalifChick

The Indiana papers that are specific to their courts do ask if you want to go back to a former name... it doesn't say the name you had immediately before you got married, but it does say "former name".  Since they specify, I would not choose a non-former name without asking an attorney in that state.

Cali



Yeah, I noticed that :( I will ask to make sure, but on those it does look like it will be my maiden name.

I admit it was strange when I filled it out to just look at them..wow, it's over and it's all in writing. Not really a horrid feeling, just strange is all.



windchymes -> RE: After divorce name change (10/17/2009 9:08:22 AM)

And make sure you keep the copy of the decree that legally changes your name back handy and available at all times.  You'll need it every time you want to update your driver's license, social security card, credit cards, bank accounts, retirement accounts, or anything else like that.  They will want to see the actual decree before they do it. 

Also, if you have kids, you might consider keeping or taking whatever name they have.  It's not the end of the world if you don't, but it does make things easier and a little less awkward at school functions and things like that.  Like at Meet the Teachers night...."Hello, Mrs. Smith.....It's Jones" etc.



barelynangel -> RE: After divorce name change (10/17/2009 10:34:23 AM)

Ask the clerk when you pick up the paperwork, i can guarantee its not a new question for them. If the person at the desk doesn't know, ask for a supervisor. I presume you will have to go before the judge at the end, you can fill out the paperwork the best you can and then ask him in court. So even if the paperwork is wrong or not clear, he can put it in the Order.




pahunkboy -> RE: After divorce name change (10/17/2009 11:48:08 AM)

..my brothers exes, (my other brother) the 3 exes all kept the married name.

My old friend- she went to her maiden name.

I would pick out a new totally cool name- if it were me.



CalifChick -> RE: After divorce name change (10/17/2009 12:11:51 PM)

Actually, she doesn't have to see a judge at all in her circumstances.  It is a "paperwork" matter.  After the clerk accepts your paperwork, a judge reviews it and signs off, or rejects it if they see problems.  They won't check whether the name you want is a former name or not, but it's best to follow the law when you're dealing with legal issues.  (yeah, that last part sounded kinda stupid, but I didn't know how else to say it)

And just filing those papers does not mean you're divorced.  Check the website I posted earlier and follow the steps.  Until you have a final decree of dissolution, you're still married.

Cali



LookieNoNookie -> RE: After divorce name change (10/17/2009 5:36:39 PM)

quote:

ORIGINAL: BellaRed

My husband and I will be filing for divorce soon and I had a quick question.

We aren't going to use a lawyer, it's a divorce where we are writing things out and agreeing to what we both want. (no kids involved)

I have tried to look it up a bit, but not really finding what I am looking for online.

I want to change my name after the divorce. I was told that the option will be on the papers I get after we file, though I wonder if I don't have to state that when I go to file instead. Do I have to take my maiden name back, or can I just pick a name that I like? I can't seem to find the answer to the question, and I don't know anyone in my state that has gotten divorced in order to ask.

Wondered if anyone had a clue? Thanks!!!

:Indiana is the state, btw:


You can choose to be legally known as "Bella Red Smith" (by the way...so can men....but it'd be kind of dumb for a man to go by the name of "Bella Red").

I made it a requirement of my divorce that my ex wife had 15 days to change her name in every possible venue before she received any $.

And she had to prove it.

(There were very good reasons).

She got her money.

(Smart girl).



slaveluci -> RE: After divorce name change (10/17/2009 5:59:29 PM)

I got divorced in WV with no attorney. Once the judge ruled that the divorce was final, he simply asked me if I wanted to go back to using my maiden name. I wasn't aware that any fee was involved though I chose to keep the married name. A little over six months later, I remarried so then is when it was changed[:)]

luci



kiwisub12 -> RE: After divorce name change (10/17/2009 7:41:33 PM)

I wish i had thought about changing my name when i got divorced. It would have been free (i think) in arkansas if i had included it in the divorce decree. As it was, it cost me $100 plus and took forever.

As for the children and surname thing - if someone addressed me by my childrens surname, i smiled sweetly and answered. Didn't try to correct them, just rolled with the flow. No harm, no foul.



corsetgirl -> RE: After divorce name change (10/18/2009 2:13:08 PM)

Eleven years ago, I went to see a paraprofessional and told her that I wanted my maiden name back. We did not own property and I had no children by this man. This person was wonderful. She did add that stipulation that I can have my original last name back.

I would suggest you do that because this might save a little time and money in the near future. You and your soon to be ex-husband might also want to call the courthouse and see if there are classes on obtaining a simple divorce. In my state, this was done quickly, provided the divorcing couple did not have property and child support issues.



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