Following a divorce or a change in custody, it's common for individuals to want their maiden name or a different name for themselves or their children.
You are not required to change your name to your previous or maiden name following a divorce. Likewise, your ex-spouse also cannot force you to change your name back to your previous name, nor can they prevent you from changing your name.
However, many people consider changing a name the first step toward a new life and a fresh start. The process can be relatively simple for adults but may be slightly more complex for children. Because each parent may have a say in a child's name, some may disagree with changing a child's name.
Name Changes For Adults in New Jersey
The easiest way to change your name back to your maiden name is to request the change in your initial divorce complaint. If your spouse filed for divorce, you can make the request in your counterclaim.
If you didn't include the request in your complaint or counterclaim, you can amend the claim or counterclaim to include the request. Another option is to wait until the final hearing and request at that time to resume using your maiden name.
The courts will likely grant your request unless you're in the middle of a bankruptcy filing or if the name change is an attempt to avoid paying creditors, since these would constitute fraud.
If your judgment of divorce stipulates you can resume your maiden name after divorce, you don't need to file any other motions. You can apply for a new social security card free of charge with the Social Security Administration office.
You may start using your maiden name as soon as the New Jersey family court enters the final divorce judgment.
If you wish to change your name to one other than your maiden or previous name, you will need to request a name change through the court.
Process For Requesting a Name Change
If you didn't legally change your name back to your former name during the course of your divorce case, or you couldn't because you want to change your name to something other than your maiden name, you can apply for a court order to change your name anytime. You can do this through the Family Division of the court where you filed for divorce. When court approval is required, the person seeking the name change must follow a process:
- File forms with the court and pay fees This includes:
- a Civil Case Information Statement summarizing your case for the court;
- a Verified Complaint for Name Change and Certification telling the court what your name is, what you want to change it to, why you want to change your name, and whether you've been convicted of a crime or have any criminal charges pending against you; and
- an Order Fixing Date of Hearing, which a judge completes after reviewing the information and sends it back to you with information on when to return to court to have your case heard.
- Publish notifications After you receive the forms back, the court will assign a date for the hearing. You will be required to place an ad in a newspaper announcing the date of the hearing. This is the court's way of ensuring that anyone who wishes to oppose the request is aware of your intentions. You'll also need to send proof of these notifications to the court.
- Attend the hearing Your hearing date, you must appear in court to answer questions from the judge as well as provide proof that the newspaper published the information in the court order and that all necessary people have been notified of your name change request.
- Publish the court's decision After the hearing, you must publish the court's decision in a newspaper. You will also have to send certified copies of the final judgment to certain government agencies.
The filing process is several steps long, and because of this, it may be helpful to provide the necessary information to an attorney and have the lawyer conduct the filing.
Name Changes for Children in New Jersey
If the name change request for a minor child is a result of a marriage or a divorce, it may be helpful to consult the Family Division of the court to see if the child is eligible for a name change, or if it is even necessary. A name change can be factored into the terms of a divorce, though this will rarely happen in a custody battle with unmarried parents.
If you request a minor's name change, the process will be similar to an adult's. However, you must notify the other parent before the court approves the application.
If the other parent disagrees with the name change request, they may appear at a hearing to voice their disagreement. The court may factor this into its decision-making.
Traditionally, the courts have sided with keeping the child's original last name, especially if the father plays an active role in the child's life. But if you can prove a name change is in the best interest of the child, you may be able to change the child's name without the consent of the other parent.
What the Court Will Consider
When determining whether to grant a name change request for a minor child in New Jersey, the court will consider various criteria, including:
- The age of the child
- Why the parent wants the child's name changed
- Whether the other parent wants the child's name changed
- How the name change may affect the child's relationship with both parents
- Length of time the child has used the current name
- Whether parental misconduct or neglect is involved
- Potential harms changing the name may cause the child
- The role the name change will have in identifying the child with a family unit
- What name the child wants, depending on the child's age
- Other relevant factors that may impact the child's wellbeing
Process for Changing Your Child's Name in New Jersey
The process for changing your child's name in New Jersey is similar to the process for changing an adult's name:
- File forms with the court and pay fees If you are changing the name of more than one child, you must fill out a separate set of forms for each child and make two copies of each form — one to send to the courts and one for your records. You will also need to send a self-addressed stamped envelope so the court can mail a set of forms back to you.
- Publish notifications After you receive the forms back, the court will give you a date for the hearing. You will have to place an ad in a newspaper announcing the date of the hearing so that anyone who wishes to oppose the request is aware of it. You will also have to notify any other interested parties, including the child's other parent or family members. You will need to send proof of these notifications to the court.
- Attend the hearing At the hearing, the judge will ask you why you are requesting a name change for your child and will hear from anyone else who appears at the hearing to support or object to your request.
- Publish the court's decision After the hearing, you must publish the court's decision in a newspaper. You will also have to send certified copies of the final judgment to certain government agencies.
Hire a New Jersey Family Lawyer
Information on how to ask the court to change your name or the name of a minor child is available through the New Jersey Court Self-Help Center. But be aware that the name change process has several steps and can be confusing for individuals not well versed in court proceedings. For this reason, it may be helpful to retain the services of an attorney to handle the filing and attend the hearing, if necessary.
If you want to change your name, or your child's name, contact attorney Joseph D. Lento and the Lento Law Firm Team today.
