Following a divorce, many women want to revert to their maiden name. Changing your name after a divorce in Texas is straight forward if you take the correct steps. This article will explain those steps and provide you additional insight on who can and can’t change their name, how to change a child’s last name, and the costs involved in changing your last name following your divorce.
How to Change Your Name During a Divorce in Texas
To change your last name during the divorce process, you’ll need to take the following steps:
- Include a name change request when you file for divorce
- Request a certified copy of your Final Decree of Divorce from the County Clerk’s office where you divorced
- Ensure the name change is incorporated in your Final Decree of Divorce.
How to Change Your Name After a Divorce in Texas
If you’re looking to changing your last name after your divorce has been finalized, you’ll need to do the following:
- File an Original Petition for Change of Name in the county where you live
- Get the petition for name change granted through a court order
- Obtain two fingerprint cards for submission to the Texas Department of Public Safety Crime Records Service. One car should be sent to the Department of Public Safety and one card should be attached to the petition along with the required payment.
- Once the official state and federal background check is received by the court and is approved to be in compliance, then a hearing will need to be set so that the Order Granting Name Change can be signed by the Judge.
- Request a certification of name change or certified copy of the Order Granting Name Change from the County Clerk in the county where the request was approved
Can a Name Change Request be Denied in Texas?
Yes. A court will want to make sure you’re changing your name for genuine reasons, rather than to evade creditors, law enforcement, or similar entities. Your petition for a change of name can also be denied in Texas if you’ve been convicted of a felony and you’re unable to demonstrate the following:
- You’ve been pardoned
- At least two years have passed since you were released from prison and/or completed probation
- The name you’ve requested is the primary name on your criminal records
If you’re required to register as a sex offender, your name change request can also be denied in Texas if you failed to notify local law enforcement of your name change request. Contact Carrington Smyth PLLC to speak with an attorney who can explain your rights and options if any of these scenarios apply to you.
Changing a Child’s Name Due to a Divorce in Texas
Similar to modifying child custody or terminating parental rights, changing your child’s or children’s name(s) due to a divorce in Texas must be determined by a judge to be in the child’s best interest. Both parents (or other legally appointed guardians or conservators) must also agree to the change. If both conditions are met, changing the name is fairly simple, but it can’t be done through a divorce petition.
To change a child’s name, you’ll need to submit a Petition to Change the Name of a Child, request a hearing, and appear before a judge. You’ll also need your child’s written consent to change his or her name if the child is 10 years old or older.
Due to the serious nature of any legal issues involving children, it’s strongly recommended to speak with a family law expert to guide you through the process.
How Much Does It Cost to Change Your Name after a Divorce in Texas?
The costs associated with changing your name after a divorce in Texas are as follows:
- Flat Fee of $28.25 to Texas Department of Public Safety
- Filing fees range from $350-$450 to the District Clerk for a name change in Texas
Court costs are subject to change and vary from county to county.
Contact Carrington Smyth PLLC today to learn more about changing your name and the associated costs.