It's a Jungle Out There - Name Change Post-Divorce

The things you need to know about changing your name post-divorce or after marriage.

First of all, if you're getting married and thinking of changing your name, think twice especially if you're an established professional.  Your name is part of your brand, don't give that up.

I've definitely seen a trend where women are taking their husband's name less and less.  When I got married, it didn't really matter to me to keep my maiden name (or prior surname, as the courts call it).  Looking back I should have talked to friends and family about taking my then husband's name.  It was important to him that I take his name and equally as important to him that I give it back in our divorce.  He insisted that the Final Judgment say "Wife SHALL resume her maiden name" rather than the usual "Wife MAY resume her maiden name."  It is entirely up to the Wife how she wants to be named.  Ultimately I figured I was young enough in my career to take my maiden name back, plus he had already claimed that I built my career using his name and I didn't need that following me around for the rest of my life.  It does feel good to use the surname Mazur, the name my proud immigrant parents gave to me.  Of course, it's always a completely different situation when you have children with your spouse.  There are many other things to consider, like what last name will they use for your child at baseball or dance registration, the confusion can cause tears on the field or dance floor.  In those situations, sometimes it's easier to keep your married name even after you're divorced.  What follows is the pain in the neck process that I had to go through for name freedom:

1.  Get 3 certified copies of your Final Judgment of Divorce.  Here's how to request additional copies:  Request a certified copy of your Judgment of Divorce.

2.  Tell your employer of your name change, you will have to fill out a new W-4 form for the IRS and maybe a new I-9 form.  For more info check out this link:  Forms to fill out at work.

3.  Change your name through social security. Here is the form from the Social Security website.  I took the form and all the proper documents to the social security office, including a certified copy of my Final Judgment of Divorce.  Find your local office here:  Social Security office locations.  Don't worry they will mail your forms back to you (I know, I was scared to turn the certified copy over too). 

4.  Change your name on all bank accounts, retirement accounts and credit cards.  Contact each office directly as they each have a different process or form, some easier than others.  For example, all the credit cards were easy to change but the investment accounts and savings accounts were a bit more complicated.

5.  Change your name on any professional licenses.  This was surprisingly easy, I just had to fax a name change request to the State Board of Bar Examiners.  You can also do it on-line through the Attorney Registration page or in writing to the Lawyers’ Fund for Client Protection.  They will accept address changes by mail at PO Box 961, Trenton, NJ  08625-0961 or by fax at 609-394-3637.  More info can be found here:  https://www.njbarexams.org/home.

6.  Change your driver's license, bring your first born and the blood of a virgin, because this was the hardest process.  Here is a link to the proof of identity documents you need to bring with you:  NJ MVC tru-id license document requirements.  I waited till I got my new Social Security Card before I went to change my driver's license.

7.  Change your passport.  Years ago I had a friend who got divorced and mailed in her passport for a name change.  They sent her old passport back to her with her new name on the last page.  They don't do it that way anymore.  I got a brand new passport wiped clean of my old name.  You have to mail in your old passport and a Certified copy of your Final Judgment of Divorce, with the completed form and fee.  Click here for the form - Getting a new passport.  Maybe I'm paranoid, but I was worried that my entire identity was going to be lost and I'd never be able to travel internationally again.  No worries, I got everything back safely and promptly.  When you get your new passport don't panic because your supporting name change documents won't be there.  Your documents will come the next day or two in a separate envelope from the State Department.

If you aren't changing your name incident to a marriage or divorce or if you need to change your name after you're married or long after you're divorced, you can do so through the courts:

Adult Name Change - when changing your name doesn't immediately follow marriage or divorce.
Changing your name after your divorce when a new Court Order is needed.

If you need additional information please contact me:

Jessica N. Mazur, Esq.
732-545-4717 x3859
jmazur@hoaglandlongo.com
www.hoaglandlongo.com