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Recent Updates to Name Change Laws

Posted on 09/22/2025

General Requirements for Legal Name Change

Generally, those who want to change their names are required to file a petition with the court, which means that a new case must be filed in accordance with O.C.G.A. § 19-12-1.

The request for a name change could be regarding an adult or a minor child. O.C.G.A. § 19-12-1 spells out the requirements and the procedure for obtaining a name change, which includes the requirement that a notice of the filing of the name change petition be published once a week for four consecutive weeks in the legal organ (i.e., the platform where legal notices are published, such as the Gwinnett Daily Post) of the county in which the name change case is pending. The notice must contain the following information: (1) the name of the petitioner; (2) the new name requested by the petitioner; (3) the court in which the name change case is pending; (4) the date on which the name change case was filed; and (5) the right of any party to appear and object to the name change. One of the reasons for the notice requirement is to ensure that the name change is not for a fraudulent purpose.

Restoration of Maiden Names in Divorce

In a divorce case, you are allowed to have your maiden name restored without filing a new, separate name change case. That is, you get a "free pass" if you want your maiden name back in a divorce case. See generally O.C.G.A. § 19-5-16. To take advantage of this procedure, you must state specifically in your court filing in your divorce case that you want your maiden name restored upon divorce.

Recent Changes to the Law Regarding Restoration of Maiden Name


Some spouses going through divorce choose to keep their spouses' surnames for a variety of reasons. One common reason is that they want to have the same last name as that of their minor children. Under the old law, if a spouse's maiden name was not restored upon divorce and that spouse later wanted restoration of the maiden name, then that spouse was required to file a new name change case and meet all the requirements, including the requirement regarding publication of the notice of the name change action.

Based upon the new law that went into effect on April 22, 2024, ex-spouses who want their maiden name restored after the finalization of their divorce can accomplish that goal without filing a new name change case. The new law simplified the name change process for ex-spouses who want their maiden names back. Specifically, ex-spouses are allowed to file a post-divorce, ex parte motion to have their maiden names restored. This ex parte motion could be filed any time after the entry of the final judgment and decree of divorce, and a hearing may not be needed. The publication of the notice is not required.

If you are divorced and want your maiden name back, contact your Georgia Divorce Lawyer or Atlanta Divorce Lawyer regarding this process.

Written by: Daesik Shin

Categories:

Family Law (general)
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