How to File a Name Change Petition After a Divorce

How to File a Name Change Petition After a Divorce thumbnail
The request for a name change will need to be filed with the clerk of court where the divorce decree was entered.

A divorce can be a trying experience emotionally, physically and financially. While engaged in the process of dividing property and planning custody, other matters, such as changing your name, may be overlooked. While it is a relatively simple matter to have your name changed during a divorce proceeding, more procedures are required to change your name after a divorce proceeding. Each state has its own forms and procedures to follow in order to change your name. However, there are some common features, and a basic understanding of the common forms and processes can make this change easier.

Things You'll Need

  • Case number of divorce decree
  • Name of county where divorce decree was entered
  • Date divorce decree was entered
  • Application for restoration of former name
  • Self-addressed stamped envelope
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Instructions

  1. Changing Your Name in the Divorce Decree

    • 1

      Request an order changing your name. This may be done as an oral or a written motion. In most states, you can simply ask the judge to enter the order that your name be changed. This order will become part of the divorce decree.

    • 2

      Obtain certified copies of the order from the clerk of court. There may be a small fee required to obtain the copies.

    • 3

      Present the documents to the social security administration, your employer and anywhere else requiring the use of your name, such as banks or credit card companies.

    Changing Your Name After the Divorce Decree is Entered

    • 4

      Complete an application to alter the divorce decree. For example, in California you must complete an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order.

    • 5

      Include as much information about the case as possible. According to the California Courts Self-Help Center, you should include the case number, the names of the parties, the date the decree was entered, and a copy of the Notice of Entry of Judgement. There may be space included on the application, or you may need to provide this information on a separate sheet of paper. The more information you can provide to the clerk of court, the easier the process will be.

    • 6

      File the application with the clerk of court where the divorce decree was entered. In most places this can be done through the mail or in person at the courthouse. You should include a self-addressed stamped envelope with the application in order to obtain certified copies of the order.

    • 7

      Present the documents to the Social Security Administration, your employer and anywhere else requiring the use of your name, such as banks or credit card companies.

Tips & Warnings

  • The information provided here is of general use and should not be considered legal advice. Anyone needing assistance on a specific matter should contact a licensed attorney.

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  • Photo Credit courthouse image by pearlguy from Fotolia.com

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