This article will inform you on how to go about deciding what is in your best interest. It will also outline the legal process in New Jersey for those who choose to change their name.
Changing your name following a divorce can be both functionally and emotionally beneficial. It is seen by many as a chance to begin anew and leave the sentiments of the marriage behind. A new name can help solidify that the divorce is final and that you are beginning again.
For others, a name change is about creating space from an ex-spouse. This may especially be relevant if the breakup was on unfriendly terms. Having a unique name can give an individual a sense of freedom and liberation, and can also reduce the constant reminders of the past.
There are professional reasons as well. If your ex-husband or wife was involved in financial controversies or lawsuits, keeping the married name may land you in trouble or unwanted queries. This is especially important for those who obtained their naturalization certificate under their married name and need to ensure consistency across all legal documents. Switching back to an earlier name can protect your reputation and make sure you are not associated with those cases.
Many people also view the transition as a reclaiming of one’s own identity. Before marriage, your former name could have been inextricably tied to who you are, who your family is, and what you’ve been through. Whether you acquired your current name through marriage or want to create an entirely new identity, this legal name change can be like reconnecting with your authentic self while still retaining the lessons and transformations of the years that followed.
Renaming after divorce is also fraught with issues. One of these is the effect the new name will have on your children. If they keep your ex-spouse’s surname, not sharing the same last name as them can create confusion. This is perhaps most clear in school, the doctor’s office, or other settings where family relationships are assumed from names only.
Work life can also be affected. If you created a business or career under your married name, renaming takes effort and time. Customers and colleagues might need to adjust. Marketing materials, licenses, or web page profiles might need to be changed.
Administrative chores can be overwhelming, too. Every record has to be in your new name, from your driver’s license and passport to financial accounts and insurance policies. Each takes paperwork, identification, and in some instances, waiting periods, and they build up.
Professional reputation is also a consideration. If you have been working in a profession, publishing books, or receiving awards under your married name, changing it can cause confusion. Some realize they wish to hold onto the name for that purpose alone, though they are no longer personally attached to it.
Before a decision is made, it helps to ask yourself some questions. One of them is how many years you’ve had your maiden name or married name. If you were married for many years, then the married name is probably a firmly cemented piece of your identity. If the marriage was a short one, going back to your maiden name may be easier.
Another consideration is whether you have children who share your married name as part of their identity. Some parents like to keep the same name so they and their children won’t be mistaken for each other during the divorce process and beyond. Others aren’t bothered by dissimilar names within the family.
Think also about your professional life. Is your married name included in your business name, professional license, or good name within your profession? If so, consider how a change might affect your career.
Finally, consider your emotional healing. Will keeping your maiden name help with your healing process, or is stability in your married name more comforting at this point? Your answer to this question may determine your decision more than any other factor.
It is best to request a name change when going through a divorce. According to New Jersey law, you can ask to have a name change incorporated into the divorce decree. This simplifies the process and spares you from needing to take additional action. When the request is filed with the divorce, no hearing is necessary. You won’t have to file a new petition and pay additional filing fees. The judge simply includes the approval in the final divorce decree.
Due to this, it is better to make the choice before the divorce is finalized. If you prefer changing your name, talk about it with your attorney in advance so that this can be included in your papers. This saves money and time when the case is completed.
If you do not include the request during your divorce, you can still pursue a name change later. This requires filing a new petition with the Superior Court and paying additional filing fees. In some cases, the court will schedule a hearing before granting approval. While the process is entirely possible, it is more time-consuming and costly compared to requesting the change during the divorce itself.
If you sought a name change with your divorce, it’s simple. Once the divorce is final, you can use a certified copy of the decree as legal proof of your new name. It’s recognized by government agencies, banks, and other institutions. You don’t have any additional court filings or hearings.
If your divorce is final or you did not request a name change in the divorce, you will have to file separately with the New Jersey Superior Court. Start out by gathering the documents that you will need. They typically include your birth certificate, current government-issued ID, and a photocopy of your divorce decree.
Then, file a petition to change your name with the proper county court. There is a fee. At present, this is approximately $250, although it may vary slightly from county to county.
Depending on the court, you may be required to attend a brief hearing. During the hearing, your petition will be read and the judge will confirm that it is in accordance with all legal requirements. Once the petition is approved, the court will issue an order that legally alters your name.
After receiving the court order, obtain multiple certified copies. These will be necessary for updating identification, financial accounts, insurance policies, and other official records. Having several copies on hand will make the process smoother and reduce repeated trips to the court.
You must make changes to all of your legal documents. Begin with the Social Security Administration. Complete Form SS-5 to update your Social Security card. Next, update your driver’s license or state ID through the New Jersey Motor Vehicle Commission. If you hold a passport or naturalization certificate, obtain updated versions that reflect your new name. Last, update your voter registration so you are registered under your new name.
Next, notify banks and credit unions. Update checking and savings accounts, credit cards, and investment accounts. Notify your insurance companies to update policies, and see that retirement accounts reflect your new name.
Notify your employer’s human resources department to keep your payroll and benefits records current. Update business registrations and professional licenses. Update your email signature, business cards, and any professional profiles where your name is listed.
Finally, manage other records and subscriptions. Register a change of address at the USPS. Update your and your children’s medical records. Notify your children’s schools if their records indicate your name. Notify utility companies, subscription services, and other organizations who require your legal name by phone.
Having a checklist will make this process simpler. Prioritize identification and financial documents, and then proceed with other updates in a systematic way. Having multiple certified copies of your order of name change will make the process simple.
If you have children, a name change can have very practical effects. Schools will require proof establishing your connection to the child. Being able to show up with an alternate last name might create questions upon registration or when picking up school children.
Sharing the change with your children is important. Explain to them why you are changing your name and that it does not affect their relationship. Open communication can diffuse confusion and anxiety.
Certain New Jersey professions have unique considerations. Licensed professionals, such as doctors, lawyers, and realtors, might need to renew licenses, certifications, and registrations under the new name. Business owners and individuals with a well-known name can also consider the implications of a name change. Brochures, websites, and business relationships will need to be revised to create continuity. Building network relationships may require brief explanations to ensure a seamless transition.
A family law lawyer is recommended in some instances. Divorce cases with numerous properties or financial issues can complicate the name change. Our firm will ensure that all the legal concerns are taken care of.
If you anticipate difficulty with your former spouse, we can help you avoid delays or trouble. This is particularly important if there are custody, visitation, or support arrangements to be made to continue. Licensees and certificated professionals should also confer. We will advise you of your options and take the necessary steps to effectuate the process.
Finally, our firm can assist with paperwork and procedure. Filing petitions, obtaining certified copies, and ensuring all records are up to date can be time-consuming. Having the attorney assist you can simplify the transition and reduce the likelihood of mistakes. Talk to an experienced family law attorney at our local offices in Brick and Sea Girt, NJ, to determine the best approach for your name change situation. We assist clients throughout Ocean Gate, Brick, Mantoloking, Lavallette, Manalapan, Tinton Falls, Brielle, and all of Monmouth and Ocean County with divorce-related legal matters. Consultations are free and convenient, with no obligation. Contact us at (732) 812-3102 today to learn more about how we can help with your name change process.
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