How to Change a Name After a Divorce in Louisiana
There are three potential courses to take in Louisiana if you desire to change you name at the conclusion of divorce proceedings. The restoration of your maiden name (or another name used by you prior to the marriage) is a matter of right when your marriage is dissolved.
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Things You'll Need
- Petition for divorce
- Answer to divorce petition
- Motion nunc pro tunc
- Petition for name change
Instructions
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1
Include within your petition for divorce (or answer to the divorce petition if your spouse filed against you), a request for restoration of your maiden or prior name used before the marriage.
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2
Attend the final divorce hearing and request the judge restore your maiden or prior name as requested in the petition or answer. The judge orders the change and includes it in the final divorce decree, as permitted by Louisiana law.
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3
File a motion nunc pro tunc with Judicial District Court in the parish where your divorce was granted. The court clerk maintains a standard form motion to use for this purpose. The motion is filed with the clerk of the Judicial District Court. Under Louisiana law, a motion nunc pro tunc is a request to the court to change an error or make a minor alteration to a prior order of the court, in this case the divorce decree. Use a motion nunc pro tunc if your name change was not granted in the divorce decree and file within 30 days of the divorce decree.
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4
Obtain a hearing date on your motion from the clerk of the court or the judge assigned your case.
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5
Send a copy of the motion nunc pro tunc to your former spouse.
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6
Attend the hearing and request an order nunc pro tunc granting you the name change overlooked at the conclusion of the divorce proceedings. The judge issues an appropriate order at that time.
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Obtain a standard form petition to change name from the court clerk if you did not obtain a name change at the time of the divorce decree or within the 30 day window through a motion nunc pro tunc.
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Complete the petition form, setting forth the specific reason why you desire a name change. The primary reason is your divorce and the failure to obtain a name change at the time of the dissolution of your marriage.
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File the petition with the court. Provide any notification requirements the court requires. The clerk will advise you of any such requirements.
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Obtain a hearing date and time from either the clerk of the judge assigned your case.
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Attend the hearing. Provided there is no legal impediment to your name change request, the judge will issue an appropriate order.
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References
Resources
- Photo Credit Hand and document at the meeting image by Dmitry Goygel-Sokol from Fotolia.com
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Comments
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This information appears to be inaccurate according to the Louisiana Legislative website. Refer to LA RS 9:292 and LA CC Art 100. No court order is needed. Am I correct?
