What is a Name Change?
A name change is a
simple legal action filed in court by a person who wishes to change his/her
legal name.
An action for a name
change is cheaper than most other legal actions. The cost associated with a
legal name change typically involves three types of fees: 1) court filing fees,
2) newspaper publication fees, and 3) attorney's fees.
The decision to take a spouse's last name is very personal and there are many things to consider before making a decision:
- Tradition - Many brides are moved by the fact that it is "traditional" to take their husband's last name upon marriage. Keeping with tradition is very important to some people and this factor alone may sway a person's decision.
- Kids - It is important to many people that their children have the same last name as both of their parents. Having the same last name for all family members can also alleviate any confusion at the child's school or extracurricular activities regarding who may pick the child up or who should receive communication.
- Job or "personal brand" - Many women have worked for a long time in their field prior to getting married. They have essentially built a "brand" for themselves, and people know them, and their associated successes, by their maiden name. This is not at all to say that successful women shouldn't change their names, but it is another thing for career driven women to consider.
- Paperwork - Changing your name can be logistically difficult. From making sure you have enough certified copies of your marriage license to running around to all the offices that require the name change request to be made in person, it can be a huge pain. Once you start the process, however, you have to finish it. You don't want to be stuck with a driver's license that has one name and a social security card that lists another name.
In the end, changing your name upon marriage is a deeply personal decision that should not be reached lightly. Talk to your spouse and make the decision that is best for both of you - and ignore the people who want to insert their opposing views."
Name Change After Divorce
In Georgia, a party may
request to return to their maiden name in the initial Divorce Complaint or
Answer to the Divorce Complaint. In this case, the court will likely order the
party's name change in the Final Decree of Divorce. Once the party receives a
copy of the Final Decree of Divorce, they can take the Court Order to their bank,
Department of Motor Vehicles, Social Security Office, or passport office to
have their name changed on the appropriate documents.
However, if the party
wishes to change their name after the divorce has been finalized, they will
need to initiate a separate legal action for a name change.
Child Name Change
Although a
parent/spouse may change his or her name in a divorce, a child's name cannot be
changed in a divorce. To change a child's name, a separate legal action must be
brought.
If the parents wish
for a child's name to be changed, both legally recognized parents must be
notified and consent to the child's change of name.
If you are considering
changing the name of yourself or your child, there are several factors you may
want to consider. Changing one's name after divorce may help the divorced
individual to feel more separated from their ex-spouse. However, many parents
wish to retain the same last name as their children, and will retain their marital
last name in order to simplify interactions with work, school, daycare, etc.
Contact us today for
a free telephone consultation with a family law attorney to discuss whether a
name change is right for you.
Written by: Rebekah Ann
James