Choosing to walk away from a marriage that no longer serves you or your partner is not always easy. However, it can be freeing and necessary to give you the space and return the energy you need to grow and heal. Part of this process of forging your own path independent of your ex-spouse involves ridding yourself of their last name and using the one that belonged to you before your wedding. To take this step, you need to petition the court for permission and, if the request is granted, file for a special certificate.
Our seasoned advocates have helped dozens of people successfully navigate name changes following a Frisco divorce. Our compassionate divorce attorneys would be happy to help you take these brave and empowering steps to reclaim your identity. We understand the unique struggles and concerns you may have, and we could help you move through these in a way that creates responsive and humanized solutions.
During the divorce process, one or both spouses may request to change their name to something that they used prior to getting married. For example, someone may ask to revert their last name from the one they used during the marriage to their maiden name. As Texas Family Code § 6.706 explains, the court does not automatically make a change to someone’s name in this way during a divorce; instead, the person who wants to change theirs would need to specifically ask the judge to do so and explain why.
The judge cannot prevent the person from taking on this requested name unless they have a solid reason to deny it. Likewise, the law prevents the government from denying this request solely so that the family unit’s last names are the same. As the law cautions, Frisco residents who are going through a divorce may not use the name change process to try to avoid paying debts or other obligations.
An attorney could be an excellent resource for those who want to understand their rights during the dissolution proceeding, such as their right to reclaim their maiden name. A seasoned advocate could prepare and submit the necessary paperwork to make this request formally and present legal arguments in front of the judge to support the person’s position.
Once the Frisco divorce decree is finalized, the person would need to get a change of name certificate from the court clerk’s office, as explained in Texas Family Code § 45.106. In this document, the individual would need to give information about themselves including:
They would also need to pay the filing fee and have the clerk sign the document.
The individual can use this certificate to prove that they legally changed their name. Documents they may need to update include those with the Social Security Administration, their will, and their financial accounts—e.g., bank, retirement, and investment services. Additionally, their employer may need to know about their new name and update their payroll programs to avoid delays in direct deposits.
Reclaiming your name before you were married can be an empowering step as you embark on the process of independent living. Doing so can also be a way to find your identity again after living in a relationship and environment that was not serving you any longer.
Our experienced advocates understand how important it can be for people to successfully complete name changes following a Frisco divorce. We welcome the chance to put in the heavy legal lifting needed to help you connect with your agency and sense of self in this way. Reach out to our team today to schedule a no-obligation consultation with a compassionate attorney who could help.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
