Yes, you can request a name change as part of the divorce decree, allowing you to restore your maiden name or adopt a previous name.
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Understanding Name Changes During Divorce
In Illinois, individuals going through a divorce can include a name change request in their divorce petition. This option is commonly used to restore a maiden name or revert to a previous name. The court grants the request as part of the final divorce decree, simplifying the process and eliminating the need for separate legal proceedings.
Legal Context for Name Changes in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), a name change request is a routine part of divorce proceedings.
Key Points About Name Changes:
- Court Approval:
- The court approves the name change request and includes it in the final divorce decree.
- Scope of the Change:
- Name changes are typically limited to restoring a maiden name or a previous legal name.
- Legal Documentation:
- The divorce decree serves as legal proof of the name change for updating identification and records.
Example Scenario:
A spouse who adopted their partner’s surname during the marriage may request to revert to their maiden name as part of the divorce process.
Steps to Change Your Name During Divorce
- Include the Request in Your Divorce Petition:
- Indicate your desire for a name change in the initial filing or in response to your spouse’s filing.
- Provide Your Desired Name:
- Specify the name you wish to use post-divorce, such as your maiden name or a previous legal name.
- Attend Court Hearings:
- Confirm your request during divorce proceedings, ensuring it is included in the final decree.
- Obtain the Final Divorce Decree:
- Receive the court-approved decree, which serves as legal proof of the name change.
- Update Your Records:
- Use the decree to update your name on official documents, including your driver’s license, Social Security card, passport, and bank accounts.
How Attorneys Can Help
An experienced family law attorney can:
- Ensure your name change request is properly included in your divorce petition.
- Advise on updating legal documents after the court approves the name change.
- Address any complications related to restoring your previous name.
- Provide guidance on additional legal steps if you decide to change your name after the divorce is finalized.
Need Help With Your Divorce and Name Change?
Call (630) 366-1760 to consult with a family law attorney. We’ll ensure your name change request is properly handled as part of your divorce proceedings.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
