Did you change your name when you got married? If so, you may want to change it back after a divorce. While not everyone goes back to their maiden name after a divorce, it is certainly not uncommon. You may change your name as part of the divorce proceeding; or if the divorce has been finalized, you may initiate a separate process.
Ohio has procedures to simplify the process for those who want to change their name. An experienced Toledo divorce lawyer will review your options and guide you through the next steps.
Ohio Law: Getting a Name Change After a Divorce
Technically speaking, an adult can seek a name change at any time. You do not have to go through a divorce (or any other major life event) to file for a name change. That being said, if you are preparing to end your marriage, it is best to decide if you want to go back to your previous name before you file for divorce.
If you are planning on changing your name back after a divorce in Ohio, go through all three steps. You do not want conflicting names on federal and state government forms, which could cause more stress and frustration.
Here is an overview of the three basic steps you should take to change your name after a divorce in Ohio:
Restore Your Name Upon Finalization of Your Divorce
Under Ohio law (Oh. Rev. Code § 3105.16), a court that grants a divorce has the legal authority to “restore any name that the person had before the marriage.”
In effect, this means that you can submit paperwork to change your name back to your maiden name as part of your divorce petition. Your former spouse cannot block your name change or, for that matter, force you to change your name. It is your right to decide.
Complete an Application With the Social Security Administration (SSA)
Once your divorce is finalized and the name change is approved, submit an application with the SSA to update your name in their records. Doing this ensures that your Social Security card matches your new legal name, which is crucial for tax purposes, employment records, and receiving Social Security benefits.
The federal agency has an online accessible application that you can use to update your information. Keeping your records updated with the SSA also helps avoid potential issues with other official documents and agencies in the future.
File the Paperwork at the Ohio Bureau of Motor Vehicles (BMV)
Finally, make sure you update your records with your local BMV. A new, updated driver’s license should be issued to reflect your new name.
For a free legal consultation, call (419) 930-3030
Changing Your Name if Your Divorce Has Been Finalized
Parting ways with your spouse could be one of the most challenging experiences you face. Divorce is not only emotionally difficult, but it also involves a complex legal process. You will need to make many big decisions during this already stressful period. An experienced lawyer can tell you how to file a divorce in Ohio and rebuild your life.
If you decide to change your name after the divorce proceedings are finalized and the court issues a final decree, you may need to initiate a separate legal process. The Ohio Revised Code, Section 2717.01, outlines the steps you must take.
File an Application in the Probate Court
To begin the process of changing your name in Ohio, you must file an application with the probate court where you reside. To qualify, you must be a resident for at least one year prior to filing the application.
In the application, you must include the following information:
- The reason for the name change.
- The new name being requested.
- A declaration stating whether the applicant has been convicted of identity fraud or has a duty to comply with Ohio’s sex offender registry laws.
Public Notice Requirement
The court may require you to publish a notice in a local newspaper. The notice must be printed at least 30 days before the court hearing when the name change will be considered. This ensures that anyone with an interest in the case is informed and can attend the hearing if needed.
The notice must include important information, such as:
- The court where the application was filed
- The case number
- The date and time of the hearing
Court Decision on Name Change
The court can approve a name change if certain conditions are met. First, the proper notice must have been given, or in some cases, the court may waive this notice requirement. Second, the court must find that the reasons given in the application are reasonable and valid. If both of these requirements are satisfied, the court can grant the name change.
Waiver of Public Notice for Safety Reasons
If you can show that publishing the name change notice might put your safety at risk, the court can waive the requirement for public notice. In such cases, the court can also seal the name change records, meaning they will be kept confidential. These sealed records can only be opened if the court gives permission or if the applicant requests it.
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A Lawyer Can Help You Change Your Name After Divorce in Ohio
At Groth & Associates, our Toledo divorce attorneys are dedicated to providing the highest level of client service and professional representation. If you have questions about changing your name after a divorce or regarding any other family law matter, our legal team can help.
Call us or send us a message online for a completely confidential consultation. From our Toledo office, we represent people throughout Lucas County, including in Maumee, Oregon, Sylvania, and Waterville.
Call or text (419) 930-3030 or complete a Free Case Evaluation form