Changing name after divorce

[hmw5312]

What is the name of your state? IN

So, I have a question. I had it written into my divorce that I would take back my previous name. The divorce was final today. Decree issued. I have had several people tell me I do not HAVE to change my name just because it says it there and that it won't be legally changed to my previous name until I go to the Social Security office to change it. Then I had someone tell me that having it in my decree makes it legally changed when the judge signs and I now HAVE to change it. Which is true?

The thing is i'm starting a new job and for several reasons I was hoping to wait to make the name change official. And thought about possibly not changing it back at all. But I was hoping to wait until November to change everything. So what is the case? Do I HAVE to change it now? If so, is there a timeframe in Indiana that I have to complete it? Is it legally changed back as of now by the decree? OR is it not legally changed until I go to the SS office? Can I choose to wait a couple of months to change it or not change it at all?

It was a simple divorce, agreed on, no kids, no joint debt, we filled the paperwork out ourselves, had it notorized and turned it in for the judge to sign. There are no issues between my ex husband and I. I'm just trying to understand the process here.

Thanks!

 

[Just Blue]

What is the name of your state? IN

So, I have a question. I had it written into my divorce that I would take back my previous name. The divorce was final today. Decree issued. I have had several people tell me I do not HAVE to change my name just because it says it there and that it won't be legally changed to my previous name until I go to the Social Security office to change it. Then I had someone tell me that having it in my decree makes it legally changed when the judge signs and I now HAVE to change it. Which is true?

The thing is i'm starting a new job and for several reasons I was hoping to wait to make the name change official. And thought about possibly not changing it back at all. But I was hoping to wait until November to change everything. So what is the case? Do I HAVE to change it now? If so, is there a timeframe in Indiana that I have to complete it? Is it legally changed back as of now by the decree? OR is it not legally changed until I go to the SS office? Can I choose to wait a couple of months to change it or not change it at all?

It was a simple divorce, agreed on, no kids, no joint debt, we filled the paperwork out ourselves, had it notorized and turned it in for the judge to sign. There are no issues between my ex husband and I. I'm just trying to understand the process here.

Thanks!

Word for word, sand names, what does it state regarding the name change?

 

[hmw5312]

Word for word, sand names, what does it state regarding the name change?

Respondent would like the following former name restored and is not a lifetime sex or violent offender or respondent has complied with I.C. 31-15-2-19; respondent shall hereinafter be known as ____________________

 

[quincy]

You don’t have to change your name but you can if you want to.

The court order authorizes you to resume the use of your premarital name - but it is only one step in actually changing it. You can use the court order to apply for changes to social security, driver’s license, etc.

https://www.indy.gov/activity/change-your-name

 

[hmw5312]

You don’t have to change your name but you can if you want to.

The court order authorizes you to resume the use of your premarital name - but it is only one step in actually changing it. You can use the court order to apply for changes to social security, driver’s license, etc.

https://www.indy.gov/activity/change-your-name

the link you sent me shows me after marriage not divorce.

everyone is saying the decree being final has already legally changed it...

i'm wondering since it was final today if I can amend it to not say I want it changed.

 

[quincy]

the link you sent me shows me after marriage not divorce.

everyone is saying the decree being final has already legally changed it...

i'm wondering since it was final today if I can amend it to not say I want it changed.

Oh, sorry. The link I provided was not all that helpful, was it - although what needs to be done after a name change is the same for both marriages and divorces.

The divorce decree is official documentation that your name legally has been changed back from your married name to your maiden name. I believe in Indiana that the state and local health departments are informed by the court of name changes but you will need to inform others of the name change (social security, driver’s license, etc) and make the necessary changes.

You do not have to change your name on these other documents right away but, if you have changed your mind about changing your name and want to amend your divorce decree to reflect your change of mind (i.e., keep your married name), you will need to do this within (I believe) 30 days. Please verify the time.

 

[hmw5312]

Oh, sorry. The link I provided was not all that helpful, was it - although what needs to be done after a name change is the same for both marriages and divorces.

The divorce decree is official documentation that your name legally has been changed back from your married name to your maiden name. I believe in Indiana that the state and local health departments are informed by the court of name changes but you will need to inform others of the name change (social security, driver’s license, etc) and make the necessary changes.

You do not have to change your name on these other documents right away but, if you have changed your mind about changing your name and want to amend your divorce decree to reflect your change of mind (i.e., keep your married name), you will need to do this within (I believe) 30 days. Please verify the time.

Thank you! Would I contact the county clerk to find out the rules on amending?

If I continue with the name change..My main concern is my new job. Literally right now I’m in the process of filling out forms.. I have to fill out my i9 on Friday and I start next Tuesday, then insurance forms.. do I continue filling these things out as my married name? And not worry about changing it until I have my new SS card and license? I’ve already started the process as my married name. Im
guessing I keep using the married name since it matches my license and ss card still right now. It’s confusing since it was final right in the middle of all of this!

Also, the BMV says you are required to change name within 30 days of document.. so can I really put it off for a bit? What happens if I’m past that?

 

[Taxing Matters]

Thank you! Would I contact the county clerk to find out the rules on amending?

If I continue with the name change..My main concern is my new job. Literally right now I’m in the process of filling out forms.. I have to fill out my i9 on Friday and I start next Tuesday, then insurance forms.. do I continue filling these things out as my married name?

The court order changed your name legally. But you've not yet changed it with SSA, the BMV, IRS, etc. As I said on the other site, your employer will want to have you use the name that matches with those other agencies for now because that's what the employer's info needs to match SSA, IRS, etc for things to work smoothly. So for now, use your married name and start the process of updating your name with those agencies and once you get that done you can tell your employer that your new name is what you'll be using going forward. You're not going to have a legal problem using your married name during the transition period while you update things with the various government agencies. You aren't using your married name to commit fraud or any other crime, to mislead anyone, or anything like that. That's what the law really cares about the most.

You do want to start fairly soon updating your name with those agencies. Once you submit the forms you need, the process at their end will take whatever time it takes to complete. You don't get in trouble for the time they take to get their records updated. So take it step by step and don't let it stress you out. It'll be ok to continue using your married name for a bit longer during this transition to the new name.

This assumes you want to keep the new name. If you have changed your mind on that, then you need to file the appropriate motion with the court fairly quickly.

As for the BMV, yes in an ideal world you'd get that updated within 30 days. But with the covid-19 related problems, that may not be realistic. Again, just start the process and whatever time it takes to complete is what it'll take. You won't be dinged if the problem is that BMV was slow on its end.

 

[hmw5312]

The court order changed your name legally. But you've not yet changed it with SSA, the BMV, IRS, etc. As I said on the other site, your employer will want to have you use the name that matches with those other agencies for now because that's what the employer's info needs to match SSA, IRS, etc for things to work smoothly. So for now, use your married name and start the process of updating your name with those agencies and once you get that done you can tell your employer that your new name is what you'll be using going forward. You're not going to have a legal problem using your married name during the transition period while you update things with the various government agencies. You aren't using your married name to commit fraud or any other crime, to mislead anyone, or anything like that. That's what the law really cares about the most.

You do want to start fairly soon updating your name with those agencies. Once you submit the forms you need, the process at their end will take whatever time it takes to complete. You don't get in trouble for the time they take to get their records updated. So take it step by step and don't let it stress you out. It'll be ok to continue using your married name for a bit longer during this transition to the new name.

This assumes you want to keep the new name. If you have changed your mind on that, then you need to file the appropriate motion with the court fairly quickly.

As for the BMV, yes in an ideal world you'd get that updated within 30 days. But with the covid-19 related problems, that may not be realistic. Again, just start the process and whatever time it takes to complete is what it'll take. You won't be dinged if the problem is that BMV was slow on its end.

Im glad you responded here because I can’t respond anymore on the other.

is it the county clerk that I call to see about getting that motion done to keep the name?

I am a bit worried because if I can’t get to the social security office in the next 2 days it might be awhile.. because the social security office hours are during my hours and I won’t be able to take time off right away. I don’t have the decree yet though. I could probably go pick one up there if I needed to right? Also what if I’m able to submit for the new SS card on Friday. Would I still fill everything out as my married name? Until I get the physical card and change it with the BMV?
Should I notify my new employer that this is happening? Or is it okay to wait until then to bring it up? I just don’t want to jeopardize this job at all. Because I’ve been looking for awhile.

 

[LdiJ]

Im glad you responded here because I can’t respond anymore on the other.

is it the county clerk that I call to see about getting that motion done to keep the name?

I am a bit worried because if I can’t get to the social security office in the next 2 days it might be awhile.. because the social security office hours are during my hours and I won’t be able to take time off right away. I don’t have the decree yet though. I could probably go pick one up there if I needed to right? Also what if I’m able to submit for the new SS card on Friday. Would I still fill everything out as my married name? Until I get the physical card and change it with the BMV?
Should I notify my new employer that this is happening? Or is it okay to wait until then to bring it up? I just don’t want to jeopardize this job at all. Because I’ve been looking for awhile.

Again, there is no hurry in getting things done. Nobody is going to ding you if it takes a few months.

Your only hurry is if you decide you don't want the name change after all. You would make the motion to same court you filed the divorce paperwork in, with the same case number.

 

[hmw5312]

Again, there is no hurry in getting things done. Nobody is going to ding you if it takes a few months.

Your only hurry is if you decide you don't want the name change after all. You would make the motion to same court you filed the divorce paperwork in, with the same case number.

okay.. so fill out the rest of my work paperwork and insurance as my married name. And wait til I get past what to start the process with social security office? Wait to tell the new employer about my situation or should I notify them now?

is the process to motion about the name a tough one? Or would it be pretty simple? And is it the clerks office I call to inquire about doing that?

 

[LdiJ]

okay.. so fill out the rest of my work paperwork and insurance as my married name. And wait til I get past what to start the process with social security office? Wait to tell the new employer about my situation or should I notify them now?

You are mentally turning a fairly simple matter into a complicated one. Fill out the paperwork in your married name. When things are more settled with you, and you can take some hours off here and there, then start the paperwork to finish changing your last name, IF you don't file a motion to amend your divorce to keep your married name.

is the process to motion about the name a tough one? Or would it be pretty simple? And is it the clerks office I call to inquire about doing that?

You don't "inquire". The court clerk cannot give legal advice. You simply file the motion. Use the paperwork for your divorce motion as a template to write a motion to amend the divorce decree.

 

[hmw5312]

You are mentally turning a fairly simple matter into a complicated one. Fill out the paperwork in your married name. When things are more settled with you, and you can take some hours off here and there, then start the paperwork to finish changing your last name, IF you don't file a motion to amend your divorce to keep your married name.



You don't "inquire". The court clerk cannot give legal advice. You simply file the motion. Use the paperwork for your divorce motion as a template to write a motion to amend the divorce decree.

I understand. I decided to go ahead and reach out to HR and let them know what’s going on. Im going to go ahead and go back to my previous name. I’m going to see if I can get an extra certified copy of the decree and see if the ss office can get me in by appt tomorrow. If not I will wait a little bit. Do you think working on all of this while paperwork is being finished will effect my i9 or anything?

 

[Zigner]

It's foolish to do the name change prior to starting your new job. There is no prohibition on you from using your married name.

 

[hmw5312]

I went ahead and reached out to HR and they were very understanding. My name won't be fully changed before I start. She told me to continue using my married name until I receive my new ID and SS card and I won't be able to submit for my SS card until next week after I've officially started. So it will work out.