After a divorce agreement is finalized, it is common for a spouse who changed his or her name for the marriage to change it back to his or her given name or a former name. The process for changing a name after a divorce is fairly straightforward. What can be more complicated is if a minor child wants to change his or her name.
For people over the age of 18, name changes take time, patience and plenty of pens and paper, but it is a routine procedure. In Illinois, to change a name after a divorce, you first need to gather a copy of your divorce decree, a government-issued ID card and a birth certificate or other proof of age document.
Most divorce decrees in Illinois have a provision that allows for the name change. If the provision is not included in the divorce decree, the person requesting a name change can contact the court that issued the divorce decree to see if the decree can be amended to allow for a name change. If that cannot be done, there is a straightforward separate court procedure one can follow.
Even with the provision included in the divorce decree, name changes aren’t official with governmental agencies unless forms are filed with the Social Security Office. The Social Security Office will review the person’s documentation and then issue a new Social Security Card with the new name. Once the Social Security Office has approved the change, the person requesting the new name can file for a new driver’s license with the Secretary of State. With a new Social Security card and Driver’s License in hand, a person can change his/her name everywhere else, including applying for a new passport.
The process for a name change for someone under the age of 18 is more complicated, and more rare. Only a guardian with court-granted “parental responsibilities can request a name change for a minor. There are several forms to fill out (go here for a full list) and submit along with a request to the court for a hearing. As part of this process, all biological parents must be notified of the request for name change. Requestors must also post the request for name change in a newspaper.
Name changes after a divorce require careful planning. Be sure to consult your divorce attorney to ensure that all of those steps are completed.
