Divorce often involves many transformations, with a name change being a frequent consideration. In New York, the process fr changing your name after a divorce depends on whether the name change was included in the final divorce decree. Please continue reading as we explore what you should know about these matters and how a determined Suffolk County Divorce Attorney can help you navigate your legal options.
Do I Have to Change My Name After a Divorce in NY?
In New York, there is no legal obligation to change one’s name after a divorce. Should an individual wish to retain their married name, their spouse does not possess the authority to compel the court to mandate such an alteration, nor can they obstruct the modification of one’s surname.
New York is unique among states in that it does not prevent an individual from altering their surname to any name following the divorce. It should be noted that you can use your divorce decree to legally change to any desired surname by filing an Adult Name Change Petition with the N.Y. Supreme Court, or simply stating your new name in the divorce judgment if the process is handled during divorce proceedings.
Although New York law does not allow for it to be a basis for denying a name change request, individuals with children should take into account the possible emotional impact on their children when considering such a change.
What Are the Steps Involved in This Process?
Generally, the most straightforward method for changing your name is to request the change in your divorce decree. If granted by the court, your divorce decree will state that your former maiden name is restored. This decree serves as your legal document for the name change, which you can use to update your name on various official documents like your Social Security card, driver’s license, passport, and bank accounts.
If your divorce decree does not include a clause for a name change, or if you decide to change your name at a later date, you will face a separate legal process. You will need to file a petition with the Supreme Court in the county where you reside. The petition will outline the reason for changing your name. A judge will then review the petition and potentially hold a hearing to ensure there is no fraudulent intent behind the name change. If approved, an order will be issued to update your name on all official records, similar to how a divorce decree is typically used.
Changing your name after a divorce in New York requires adherence to proper legal steps if it’s a separate petition. As such, it’s in your best interest to enlist the help of an experienced attorney at The Law Offices of Susan A. Kassel, P.C. who can guide you through this complex process. Connect with our firm today to schedule a consultation.
