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Changing Your Name at the Time of Your Florida Divorce; Yes or No?
|Introduction
In Florida, changing your name as part of a divorce process is relatively straightforward, but there are different legal pathways depending on whether you want to revert to your maiden name or choose a completely new name. Understanding the requirements and implications of Florida’s legal statutes can help you navigate this process efficiently.
Restoration of Former Name in a Divorce
Legal Provisions
Under Florida law a spouse can request the restoration of their former name as part of the Final Judgment of Dissolution of Marriage. This means that if you’re going through a divorce and wish to revert to your maiden name or a previously used name, the court can grant this request within the divorce proceedings.
How to Request a Name Change During Divorce
To have your former name restored, you must include this request in your original petition for dissolution of marriage, or in a counter-petition if your spouse initiated the divorce. This is a straightforward process and typically doesn’t require additional court filings or hearings.
- Request in Petition: The request for a name change should be explicitly stated in your divorce petition or counter-petition.
- Court Approval: The court will include the name change in the Final Judgment if it’s requested.
- Limits on Name Change: The court will only restore a former name, not grant a completely new name.
Changing Your Name Through a Separate Petition
Requirements of Florida Name Change Statute 68.07, Fla. Stat.
If you wish to change your name to something other than your former name, you’ll need to file a separate petition under Section 68.07, Florida Statutes. This statute outlines the legal requirements for anyone seeking to change their name in Florida, outside of the context of a divorce.
Difficulties of Filing a Separate Name Change Petition
Filing a separate petition under Section 68.07 is more complex than simply requesting a restoration of your former name during a divorce. Here are some key differences:
- Background Check: Under 68.07, you must undergo a criminal background check, which is not required when restoring a former name in a divorce.
- Court Appearance: You may be required to appear in court for a hearing on the name change petition.
- Additional Fees: Filing a separate petition incurs additional court fees and legal costs.
- Publication Requirement: In some cases, you may need to publish notice of your name change in a local newspaper, adding to the time and cost involved.
Comparison of Processes
- Restoring Former Name in Divorce:
- Fingerprinting not required.
- No background check required.
- Simple request within the divorce petition.
- No additional hearings or fees beyond the divorce process.
- Filing Separate Petition (Section 68.07):
- Fingerprinting required.
- Requires a criminal background check.
- Possible court appearance for a hearing.
- Additional fees and potential publication of name change notice.
Considerations When Changing Your Name
Legal Document Changes
Changing your name, whether through divorce or a separate petition, involves updating all your legal documents:
- Social Security Card
- Driver’s License
- Passport
- Credit Cards
- Bank Accounts
- Other credentials and documents
Personal Considerations
- Family Name Continuity: Decide whether you want to share the same last name as your children or future spouse.
- Emotional Attachment: Consider any personal or emotional attachment to your current or former name.
- Professional Identity: Think about the impact on your professional identity, especially if you have an established career or business under your current name.
Conclusion
Changing your name in Florida can be a smooth process if done within the context of a divorce, especially when reverting to a former name. However, if you wish to change your name to something entirely new, be prepared for additional legal steps, costs, and requirements under Section 68.07, Florida Statutes. Always consider the personal, legal, and emotional implications of a name change before making your decision.
