Does a Woman’s Name Change Automatically in an Ohio Divorce?
If you took your husband’s surname when you married, this will not automatically change in a divorce. However, you have the option to revert to your maiden name or another previous name. This can be done as part of your divorce proceedings or in a separate legal process after your divorce is finalized.
How Is a Name Change Obtained in an Ohio Divorce?
When you go through a divorce, the court can grant a name change at your request. Your last name cannot be changed at the request of your spouse. Under the Ohio Revised Code, Section 3105.16, when a divorce is granted, the court will restore any name a woman had before the marriage if she desires it. If the request is included in your divorce petition, the name change will be part of your final divorce decree. You have the option to revert to your maiden name or a last name from a previous marriage.
How Can You Change Your Name if Your Divorce Has Already Been Finalized?
A woman may decide to change her name after divorce proceedings are over and a final decree has been issued by the court. In this case, a separate legal proceeding may be required. The steps for obtaining a legal name change are outlined in Ohio Revised Code, Section 2717.01. The process involves filing an application with the probate court in the county where you reside, publishing notice of the application in a newspaper of general circulation, and attending a hearing in front of a judge. If the court grants your name change, you will receive a certified copy of the court order. You will need this document to update your identification and records.
What Other Steps Are Involved in Changing Your Name After a Divorce?
Once your name has been legally changed, the next step is to update all your official documents and records accordingly, including the following:
- Driver’s license: To change your name on your driver’s license, you will need to go to the Bureau of Motor Vehicles (BMV). Bring proof of your legal name change – either a court endorsed copy of your final divorce decree, or a certified copy of your name change order from the probate court. You will also need your current driver’s license.
- Social Security card: To get a new Social Security car, go to the Social Security Administration website and complete and print out Form SS-5, Application for a Social Security Card. This form must be mailed or delivered in person to a Social Security office, along with the required documentation, which will include your divorce decree or name change order and proof of your identity. It is important to notify the Social Security Administration of your name change before you file your income tax return. Otherwise, IRS computers will not match your new name with your Social Security number, which can lead to complications.
- Voter registration information: Fill out a new voter registration form using your new last name. Instructions for updating your voter registration information are provided by the Ohio Secretary of State.
- Passport: To change your name on your passport, you will need to fill out a form and provide the required documentation with the U.S Department of State, or you can go through a passport agency. You will need your current passport, your name change document, and a color passport photo.
- Financial institution records: It is important to notify your bank, credit union, mortgage company, credit card company, and any other financial institutions of your name change. You will likely be required to provide your updated ID along with your name change order.
- Employment records: Your employer will need to update its payroll and tax records with your new name. You may need to provide your updated Social Security card and your name change order.
- Insurance policies: Notify your homeowners, auto, health, and other insurance providers of your name change. It is best to put it in writing and include a copy of your name change order.
- Professional licenses: Many jobs today require professional licensing. If you hold a professional license, notify the licensing board of your name change and provide a copy of the order.
- Utilities and service accounts: Contact your utility companies and other service providers to notify them of your name change. Provide any required documentation, which may include a copy of your name change order.
How Important Is It to Have an Experienced Attorney Represent You in a Divorce?
Family law in Ohio is a complex, ever-changing legal area. Without an experienced divorce attorney in your corner, you could find yourself at a disadvantage when issues arise. Even in an uncontested divorce, it is important to have your rights and interests protected by a dedicated legal advocate.
At Lawrence Law Office, we have more than 63 years of combined experience. Our attorneys are certified specialists, and our firm is focused on success. We can offer sound legal guidance and skilled assistance with every aspect of divorce, including a name change.
Our legal team is committed to providing outstanding service and obtaining positive outcomes for our clients. If you are facing divorce in Ohio, contact us at 614-363-1273.
