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Divorce often allows you to legally change your name. However, that does not mean your final divorce decree automatically changes your name. There are some steps you may need to take to ensure the legal use of your chosen name, and you have options for when you want to do this.
The skilled attorneys at Carr | Woodall can assist with the process of name changes following a Midway divorce or represent you throughout the process if you and your spouse have yet to separate. Our divorce lawyers are knowledgeable and could guide you on your options for making this change either during the process or after your divorce is finalized.
You generally have two opportunities to address a name change connected with your Midway divorce. You can request the change while the divorce remains pending or complete a separate name-change process after the divorce.
The simplest option may be to address your name as part of the divorce itself. Utah Courts’ public instructions describe restoring the name used before marriage as the customary option. They also recognize that a divorce decree can state the person’s new name, and you have the right to choose whatever new name you like. If the decree includes the name-change order, no separate name-change case is needed.
You can therefore request the name you wish to use as part of your divorce proceedings so that the final decree specifically states your new legal name. This approach generally avoids the need to file a separate name-change case later and, because you are addressing the name change within the divorce, can avoid the separate filing fees associated with a name-change petition.
You can still change your name if your divorce decree does not restore a former name or switch to a name of your choosing. However, you may need to use the state’s separate legal name-change process rather than simply asking organizations to start using a different name.
A separate name change generally requires filing a petition with the appropriate district court. Additional requirements may apply, including certifications involving the state’s sex offender and child abuse offender registries. The court can then determine whether to approve the requested change.
Receiving a divorce decree or name-change order establishes your legal name, but it does not automatically update your government records or documents. You will need to handle that part of the name change process yourself during a divorce in Midway.
A common starting point involves updating your Social Security record and Utah driver’s license. Once you have the updated name on those documents, you can generally change the records anywhere else that is needed. To accomplish this, you will need a copy of your divorce decree or name change order. You may also need to change your name in other important locations, including:
Property records and other legal documents may require attention as well.
If you are going through the process of a divorce, a name change may seem minor compared with issues such as property division, custody, or financial support, but handling your name at the right time could save you time and money. Whether you change it during the divorce process or after, we could help. For guidance on name changes following a Midway divorce, contact the team at Carr | Woodall to get started with a case today. We are willing to travel to you from our office to make working with us more convenient.