Changing your surname after a divorce in New Jersey can be a meaningful step toward reclaiming your identity. Whether you’re considering this change during the divorce process or years later, New Jersey law provides clear pathways to make it happen.
Two Ways to a Name Change After Divorce
- Requesting a Name Change During Divorce Proceedings
The simplest time to change your name is during the divorce itself. You can include a request to resume your maiden or former name in your initial divorce complaint or counterclaim. If you forget to include it initially, you can amend your complaint or make the request during the final hearing. As long as the request isn’t for fraudulent purposes, courts typically grant it without issue .
Once the court approves your request, the Final Judgment of Divorce will include the name change order. This document serves as legal proof for updating your name with various agencies.
- Changing Your Name After the Divorce Is Finalized
If you didn’t change your name during the divorce, you can still do so later by filing a post-judgment motion in the same family court that handled your divorce. Under N.J.S.A. 2A:34-21, courts can grant a name change even after the divorce proceedings are over .
This process is generally more straightforward and less costly than filing a separate civil name change action. You’ll need to complete specific forms, including a “Judgment for Name Change” and a “Judgment for Name Change Addendum,” which includes your Social Security number and date of birth. These forms are available on the New Jersey Courts website .
Updating Your Identification Documents
After obtaining the court order for your name change, you’ll need to update your identification documents:
Social Security Card: Apply for a new card using your divorce decree as proof. This service is free.
Driver’s License: Visit a New Jersey Motor Vehicle Commission (MVC) Licensing Center with your court order and required identification documents.
Passport: Submit a passport application with your name change documentation. Fees may apply depending on your situation.
Other Records: Update your name with banks, employers, insurance providers, and other institutions as needed.
Changing a Child’s Last Name
Changing your child’s last name requires a separate legal process. You must file a formal name change application in the civil division of the court. Both parents typically need to consent to the change. If one parent objects, the court will decide based on the child’s best interests .
njfamilylawllc.com
Final Thoughts
Changing your surname after a divorce in New Jersey is a personal decision with legal implications. Whether you choose to do it during the divorce or afterward, understanding the process can help you navigate it smoothly
