How to Restore a Former Name after an Arizona Divorce
So many little considerations and changes will occur in the aftermath of a divorce. While handling the biggest issues, you will also have to take care of smaller tasks. Changing your name after a divorce is one of these essentials. The completion of several simple steps is necessary to restore a former name after an Arizona divorce. This is not a mandatory step however. If you want to, you are free to keep your current family name. Alternatively, you can revert to the name that you had before getting married.
Arizona Laws and Regulations
Restoring your old family name after a divorce is stipulated in Arizona Revised Statutes 23-325(C).
The document suggests that a former spouse has the right to change their family name in the aftermath of a divorce. The statute is gender neutral. While it is more typical for a wife to change her family name after getting married, on occasions husbands could also accept the family names of their significant others.
People who are going through a divorce for a second or a third time will have a bigger number of options as far as family names go. Such an individual can keep their current family name, go back to a family name of a former spouse or return to their maiden name.
A name change can be made at any time before signing the divorce decree. Alternatively, the decree will have to be amended after it is signed. Thus, if you decide that you want to change your name some time after the completion of the divorce, you are free to do that (the only thing to keep in mind is that the procedure will be different).
The Name Change Procedure
The change of a family name in court can occur at the same time as the marriage dissolution proceedings.
The former spouse interested in modifying their name will have to approach the court with the request. Usually, the family name change request will be granted immediately. Keep in mind that a filing fee will apply.
Once the respective Arizona court has provided a signed document, the person who is restoring their old family name will have to contact banks, their employer, social security and other institutions for the purpose of changing the family name on important documents.
If the divorce has already been finalized, you can request a separate name change procedure to take place. The Superior Court in the respective county will be responsible for the process to restore a former name after an Arizona divorce.
Can the Names of Children or Your Former Spouse Be Changed
You do not have the right to ask your former spouse or force them into changing their name. This decision has to be made by the individual interested in a name change. Thus, it’s not possible for you to keep the current family name that you have and ask your former spouse to begin using a former family name or their maiden name.
As far as minor children are concerned, you can change their family names but the process is separate from changing your own name.
The county’s Superior Court has the forms necessary to initiate the family names of minor children. Even if you go through with this process, however, the paternal rights of a former husband will not be affected. The same applies to the rights and obligations of both parents or guardians.
The court will have to consider the request for changing the family name of a minor carefully. Usually, the procedure isn’t as straightforward as changing your own name. As per Arizona law, the name change of a minor will be granted only if it is in the best interest of the child.
When a child is born in Arizona, their family name could potentially also be changed on a birth certificate in the aftermath of a divorce. Always consult attorneys experienced in family law.