FACTS ABOUT CHANGING YOUR NAME DURING OR AFTER DIVORCE IN FLORIDA
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During divorce, it is common for a spouse to want to change their last name back to their maiden name. If this sounds like you, you may want to read the following questions and answers to help make changing your name a simpler process.
1. How can I Restore my Last Name to My Maiden Name?
- Every state has a different process for changing a last name during or after divorce. As for Florida, in most divorce cases, a judge will write a Judgment of Dissolution of Marriage, which will include the restored legal name.
- To change your name on any legal documents, bank accounts, and identification cards, you will need to retrieve a copy of that document to supply proof of your name restoration.
- Then, you must report it to the Social Security Administration before changing your name with the Florida Department of Highway Safety and Motor Vehicles through the Department of Motor Vehicles.
2. What if My Divorce Decree Did not Include the Restoration of My Maiden Name?
- If your divorce has been finalized and did not contain a court order that addressed the restoration of your maiden name, you can file a Florida Petition for Name Change.
- If this application is approved, the judge will sign the form and you will receive a certified copy to use as proof of your name restoration.
3. Can I Change My Children’s Last Name, Too?
- This varies on a case my case basis.
- First, you should obtain a Petition for Change of Name (Minor Child(ren)) from the Florida state court’s website.
- Next, you should ask your spouse if they agree to the name change.
- If your spouse agrees, they must fill out a Consent for Change of Name (Minor Child(ren)), which can also be found on the Florida state’s website.
4. What if My Spouse Does Not Agree to Changing My Child’s Last Name?
- In many cases, a judge will consider the best interests of the children before making a final decision. The judge may take into account the following elements.
- Negative impacts of changing the children’s names
- Age of the children
- Strength of the mother’s and children’s relationship
- Amount of time the child has used the father’s name
- Positive effects of changing the children’s names
Considering Divorce? Get in Touch with The Law Offices of Ross & Glover
The Daytona Beach family law attorneys on our team recognize how complex divorce can become. That is why we are committed to helping our clients understand the numerous intricacies involved with such cases and will help our clients achieve the simplest divorce processes possible.
When you decide to pursue an emotionally taxing and difficult life process such as divorce, don’t try to do it alone. Our Daytona Beach divorce lawyers are standing by, waiting for your call. Let us help you and your family.
