Divorce Name Change Steps

Following the tradition, many people getting married take their new spouse’s last name. But, often in divorces, people want to restore their previous name. To legally restore your name in Utah to the name you had prior to your marriage requires completing a Name Change process. If you prefer to keep your married name, you do not need to do anything during or after your divorce to keep it legally. Below is information on how to change your last name after divorce if you want to restore the name you had before your marriage.

Name Change During Divorce Process

What you need to do to have your name restored depends on whether you are the petitioner or the respondent in your divorce:

  • If you are filing for divorce, the easiest way to have your former name legally restored is to complete the section for Name Change on your divorce petition. Include both your married name and the name you had prior to your marriage.
  • If you are responding to a petition your spouse filed for divorce, you will not have the option available on the form for filing your response. But, you may ask the judge for a formal order in the divorce decree to restore your previous name.

The divorce decree should include your married name and your former name that is being restored after the finalization of the divorce. If the divorce decree contains an order for your name change, that is the only legal document you need in order to change other records of your identification.

Q&A: Should I change my name after divorce? Some people opt to revert to their pre-marriage name, depending on personal reasons and preferences. On the other hand, some people with children choose to keep the married name for various reasons.

Name Change After Divorce Finalization

If your divorce has already been finalized and you did not have your name restored to your pre-marriage name, you will need to file a Petition for Name Change with the court. You must complete and file these required documents to request your name change:

  • Cover Sheet for Probate Actions
  • Petition for Name Change
  • Order for Name Change: Complete the following information in the Order (The judge will complete the remainder of the form.):
  • Caption boxes
  • Date of your court appearance
  • Your birth date
  • Name on your birth certificate

If you are on the Utah Sex Offender Registry, or if the judge has otherwise ordered you to notify other parties of your name change, you will need to fulfill those additional requirements.

Q&A: Is there a time limit to change name after divorce? There is no time limit for changing your name after a divorce.

Filing Fee for Name Change in Utah

The filing fee to have your name legally changed through the court is $375. If the filing fee is too high for you, you can ask the court to waive the fee. To make that request, you will need to file a Motion to Waive Fees and Statement Supporting Motion along with an Order on Motion to Waive Fees. The Utah Courts website provides more detailed information about Motions for waivers of court fees.

Who Should You Inform Of Your Name Change?

After your name change has been legally finalized, you will need to notify all of the following organizations and individuals, as applicable. Use this table as your after divorce name change checklist:

Social Security AdministrationBank or credit unionFamily and friends
Department of Motor VehiclesCollege or universityNeighbors
Passport (U.S. State Dept.)Healthcare providersLibrary
Voter registration officeHealth insurance companyLandlord or tenants
Internal Revenue ServiceAll insurance companiesMortgage company
State Tax AgencyEmployer(s)Other lenders
Veterans AdministrationU.S. Postal ServiceUtility companies

For Divorce Resources – The Law Office of David Pedrazas

For over two decades, Attorney David Pedrazas has been providing legal help and guidance for people going through the difficulties of divorce in Utah. He and his staff are committed to helping people make the best-informed decisions possible so they can move beyond divorce to happier times ahead. It’s one of the reasons he has been awarded through the years by multiple national associations as one of Salt Lake City’s best divorce attorneys.

For help with your divorce, call the Law Office of David Pedrazas or contact us on our website to discuss the details of your situation.

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