Deciding to change your name legally is a big step and one that should not be made lightly. In most situations, you must have a very good reason to change your name, and a judge must approve your request and issue a name change order unless the name change is related to marital status.
As a Florida family law attorney handling name change cases, I know how overwhelming the legal process can feel after a divorce. One of the most common questions I hear is, “How do I change my name after divorce?” This blog will walk you through the entire process, from understanding your legal rights to gathering the required documentation.
Name Change Under Florida Law
In Florida, legal name changes fall under Chapter 68 of the Florida Statutes. The process depends on your circumstances, and some cases require more legal steps than others.
- Marriage or Divorce-Related Name Changes
If you’re changing your name due to marriage or divorce, the process is relatively simple. Your marriage certificate or divorce decree serves as legal proof of the name change, allowing you to update your documents without needing a court order.
- Adult Name Changes (Not Related to Marriage or Divorce)
If you want to change your name for personal reasons—such as adopting a new identity, correcting an error, or simply preferring a different name—you must file a formal petition with the court. This includes undergoing a background check and providing fingerprints.
- Child Name Changes
Changing a child’s name requires additional steps, especially if both parents do not agree on the change. A judge will determine if the name change is in the child’s best interest before granting approval.
- Restoring a Former Name
If you wish to revert to a previous name that was not changed due to marriage or divorce, you must follow the same legal process as an adult name change, including filing a petition and undergoing background checks.
The court may deny a name change under certain conditions, such as if there’s evidence the name change is being used to commit fraud, evade law enforcement, or for illegal business purposes. This is governed under federal laws, like 18 U.S.C. § 1546 (immigration fraud) and 18 U.S.C. § 1342 (fraud through the U.S. Postal Service).
How Do I Change My Name After Divorce in Florida?
Changing your name after a divorce in Florida can be done in one of two ways: during the divorce proceedings or afterward by filing a petition.
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During Divorce Proceedings
The easiest way to change your name after a divorce in Florida is to request it as part of your divorce decree. When the final judgment is issued, the court can include a provision that restores your maiden name (or another former name). By writing it into the judgment, you avoid additional paperwork and court appearances after the divorce is finalized.
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After Divorce Proceedings
If your divorce decree doesn’t include a name change provision, you must file a petition for a name change with the court. This is a separate legal procedure, and while not overly complicated, it does require attention to detail. You’ll need to complete a Petition for Name Change form, pay court fees, and potentially attend a hearing. This can be a daunting process, especially if you’re unfamiliar with Florida’s legal system, so many opt to work with an attorney for guidance.
Required Documents for a Name Change in Florida
- Photo Identification
You’ll need a government-issued photo ID, such as a Florida driver’s license or a state ID card. If you don’t have either, a passport or military ID can also be used. The name on your ID must match your current name for verification purposes. - Proof of Citizenship or Legal Presence
A valid U.S. passport, birth certificate, or naturalization certificate can serve as proof of your legal status in the country. Your name on these documents must match your current name on your identification. - Proof of Social Security
You’ll need to present a document that verifies your Social Security number. This can be your actual Social Security card, a W-2 form, a recent paycheck, or a 1099 form. The document should list both your full name and your Social Security number. - Two Proofs of Address
To confirm your residency, you must provide two documents showing your current Florida address. This can include utility bills, bank statements, or correspondence from government agencies. Minors can use the residential address proofs of their parents or guardians. - Certified Marriage Certificate
You’ll need your certified marriage certificate if your name change is tied to a marriage or divorce. You should have received a certified copy shortly after filing your marriage license with the county courthouse.
Do I Need a Lawyer to Change My Name After Divorce?
Technically, no. However, having an attorney can be beneficial, especially if your name change isn’t as simple as it could be. For example, if your divorce decree didn’t include a name change provision, navigating the petition process alone can feel overwhelming. An attorney can guide you through the paperwork, court procedures, and any potential hearings.
Additionally, if your name change involves unique circumstances, such as criminal history or complex immigration issues, legal representation is highly recommended. Your attorney will ensure that all your documentation is in order and that your petition is compliant with state law, minimizing the risk of delays or denials. A small oversight on your end could lead to extended delays or even denial of your request, so many choose to seek legal guidance for peace of mind.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.