Change of names after divorce

Some Texas residents may be interested in restoring their pre-marital name after divorce. This may be done as part of the divorce order or at a subsequent time. The easiest way is by asking the court to include it when the marriage is dissolved. Once the order is handed down by the divorce court, an individual may use a certified copy to change the name on any document. Presenting a copy of the order copy.

If the name change after divorce was not included in the divorce order, the individual may petition the court to make an appropriate change to the original court order. Once the order is modified, presenting it to change one’s name follows the same rules.

Changing a child’s name to the mother’s maiden name is not automatic, and the court must decide whether it is in the best interests of the child. If this change is allowed, the father’s rights, as well as other parental responsibilities, such as child support, do not change. If the father disagrees with the name change, he may file an objection with the court. The burden of proof that the name change benefits the child lies with the mother. If the mother remarries and wishes to change the child’s surname to that of her husband, this can be done as well.

In Texas, getting a court order for changing last name after divorce, if it was not included in the divorce order, requires that two forms be filed with the clerk in the county of residence. Once the judge signs the order, it is filed and a Change of Name Certificate will be issued. A family law attorney may help by offering guidance at each step in the process.

Source: Texas Law Help, “Steps for Changing the Name of an Adult in Texas,” accessed on Jan. 16, 2015

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