Many things change when you get married.  One of those is often the changing of your last name.  If you changed your last name to your husband’s last name upon marriage, you now have a decision of whether to return to your maiden name or continue using your married name after divorce. Changing your name after divorce  is a very personal decision to make and can be a hard decision. Do you want to start anew with your maiden name? Is it okay for you to have a different name than your children? Is there a career involved that this name change would impact?

Whatever the case, and whatever you decide, you should always reserve the right to return to your former name during the Court proceedings. Ask the court to allow you to do so within your divorce complaint. At the time that the matter is resolved, either by way of trial or by way of settlement, ask the Court to include within the judgment.  This becomes an order that you may resume your former name.  If you do this, it does not legally change your name but it does allow you to resume your former name.  You must then take additional steps to do so.

This will allow you to change your Social Security card, your drivers license and any other legal paperwork or documentation you may need after your divorce is finalized.  You will simply need to visit the social security office with a copy of the Divorce Absolute (Nisi) (MA) or Divorce Decree (NH).

My office offers a free phone consultation if you are considering a divorce or currently in need of counsel in the midst of a divorce.  We can work with your specific situation, including the name change order for the court.  You may contact us here online for your consultation or to set up an appointment.