Name Change after Divorce in New Jersey
If you are going through or considering a New Jersey divorce and want a name change after divorce, you can usually restore your maiden name or other prior name by making a name change request in the divorce case itself. In New Jersey, that request can be made in your divorce papers, including the divorce complaint, divorce petition, or counterclaim, and the court will generally grant it unless the change is sought for a fraudulent purpose.
The first and easiest way to change your name is to include the request in your initial complaint or counterclaim. Making the name change request in the divorce papers simplifies the legal process because the judge can address it during the divorce proceedings instead of requiring a separate filing later.
If you do not include the request to resume the use of your maiden name in your complaint or counterclaim, you can amend the complaint or counterclaim to include it. You can also wait until the final hearing and request to resume the use of your former name at that point, and the judge may include the name restoration in the final divorce decree, final decree, or divorce judgment, so you should confirm the order appears there. If you miss the request during the divorce proceedings, however, you will need to file a separate petition or name change petition after the divorce to legally change your name. The divorce case typically allows the court to restore a former name or prior name, not approve a completely new name through the divorce action. Generally, as long as you are not changing your name to commit fraud, for example to avoid creditors, the request will likely be granted.
You are permitted to start using your maiden name in your personal life at any time before the final judgment of divorce is entered by the New Jersey family court. However, government entities, for example the Department of Motor Vehicles, will still only recognize you with your married name and will only allow you to use your married name for purposes of their documents, for example the way your name appears on your driver’s license. In order to use your maiden name with government entities, you will need to provide the government agency with the court order allowing the legal name change.
If you wish to keep your married name, you are permitted to do that as well. There is nothing in the law compelling you to resume use of your maiden name. Additionally, your ex-spouse cannot force you to change to your maiden name, nor can your ex-spouse prevent you from doing so.
Sometimes after divorce, custodial parents wish to change the child’s last name as well. However, if you wish to change your child’s name, the process is much different and much more difficult than changing your own last name. Additionally, it cannot be done during the divorce process in the same way that changing your own last name can.
To change your child’s last name, you need to notify the child’s other parent of your intention to change your child’s last name. If the other parent does not consent, then the court, after the filing of the appropriate application, can make a finding that the name change is in the child’s best interests pursuant to an eleven factor test.
Contact a Family Law Attorney Near You in New Jersey
At Sarno da Costa D’Aniello Maceri Webb LLC, we understand the emotional challenges families often encounter when coping with a divorce. Led by Angelo Sarno, the family law team at Sarno da Costa D’Aniello Maceri Webb LLC, is committed to helping families in New Jersey navigate a divorce with respect, compassion, and unyielding advocacy.
Contact us or call 973-609-5251 to schedule a consultation with an experienced family law attorney near you. We offer several convenient locations in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
