Many people going through a divorce in District of Columbia want to restore their maiden name or a previous legal name. The good news is that requesting a name change as part of your divorce is typically the simplest and most cost-effective way to change your name legally.
Requesting a Name Change During Divorce
In District of Columbia, you can request a name change as part of your divorce proceedings. This is usually as simple as including the request in your divorce petition or asking the judge to include a name restoration provision in the final divorce decree. There is typically no additional filing fee for a name change made as part of a divorce, making it significantly cheaper than filing a separate name change petition later.
When to Make the Request
You can request the name change at any point during the divorce process:
- In the initial petition: Include your name change request when filing for divorce.
- During proceedings: If you did not include it initially, you can amend your petition or request it during negotiations.
- At the final hearing: You can ask the judge to include a name change provision in the final decree.
If you forget or choose not to request a name change during your divorce, you can still change your name later through a separate legal petition, but this requires a separate filing, additional fees (typically $150-$300), and a separate court hearing.
Updating Your Records After the Name Change
Once your divorce decree includes the name change, you will need to update your name with various agencies and institutions. Follow this order for the smoothest process:
- Social Security Administration: This should be your first stop. Bring your divorce decree and current ID to your local SSA office. A new Social Security card with your restored name will be mailed to you.
- Driver's license or state ID: Visit your District of Columbia DMV with your new Social Security card and divorce decree to update your license.
- U.S. Passport: Submit a passport renewal application with your divorce decree as proof of name change.
- Banks and financial institutions: Update all bank accounts, credit cards, investment accounts, and retirement accounts.
- Employer and HR department: Update payroll records, tax withholding forms (W-4), and benefits enrollment.
- Insurance policies: Update health, auto, home, and life insurance policies.
- Utility companies: Update accounts for electricity, water, gas, internet, and phone service.
- Professional licenses and certifications: Contact the relevant licensing boards in District of Columbia.
- Schools and healthcare providers: If you have children, update emergency contact information and any records in your name.
- Voter registration: Update your voter registration with your new name.
Frequently Asked Questions
Can my spouse prevent me from changing my name?
Generally, no. In District of Columbia, a person has the right to restore their previous legal name as part of a divorce. Your spouse cannot block this request.
Do I have to change my name?
No. Keeping your married name is entirely your choice. Many people keep their married name for professional reasons or because they share the name with their children.
What name can I change to?
Through a divorce decree, you can typically only restore a previous legal name (maiden name or name from a prior marriage). If you want an entirely new name, you would need to file a separate name change petition.
Get Started Today
Navigating divorce in District of Columbia does not have to be overwhelming. Find a divorce professional in District of Columbia or take our free quiz for personalized guidance on your next steps.
This article is for informational purposes only and does not constitute legal advice. Consult a qualified District of Columbia attorney for advice specific to your situation.
Daryl Wizinsky
Divorce Real Estate Specialist & Founder of A Road to New Beginnings
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