Legally Changing Your Name After A Divorce
The divorce process is full of big decisions — some expected, others less obvious, but all deeply personal. One of the biggest decisions is whether to change your name. Legally changing your name after a divorce can be an empowering way to move forward, restore your identity, or simplify family matters.
In Georgia, a name change during or after divorce involves more than just making a choice; it requires specific legal steps and understanding how your decision affects you, your children, and your family.
At The Edwards Law Group, we’ve served Georgia families for many years, helping them manage the difficult process of divorce under Georgia law. In this post, we’ll break down why a name change after divorce matters, how the state’s law affects the issue, and what steps you should take to handle this transition with confidence.
Reasons FOR a Name Change After Divorce
In most cases, the reasons behind seeking a name change in Georgia following a divorce are personal, but many share common themes. Here are the major reasons we’ve seen spouses decide to change their name:
Identity Restoration and Empowerment
For some, changing back to a maiden (or prior name) is a way to reclaim autonomy and symbolically close a chapter. Others see it as an essential step in moving on, both emotionally and practically.
Avoiding Confusion in Future Relationships
Keeping an ex-spouse’s last name can lead to awkward situations in future romantic or family relationships. Changing back to a maiden name (or choosing a new name entirely) can help prevent misunderstandings and make it easier to establish a new life – without baggage from the past.
Eliminating Legal or Administrative Ties
For some divorcing spouses, retaining their married name can lead to confusion in legal and administrative matters. This is especially prevalent if the divorce involves restraining orders, custody arrangements, or financial disputes.
Changing your name also helps with distinction related to bank accounts and portfolios with financial institutions. A name change can help reinforce legal separation and simplify any documentation going forward.
Why People Do NOT Change Their Name After Divorce
While a name change after divorce may seem like an obvious decision, it’s not as common as you might assume. A study by The Female Quotient found that only 35% of women revert back to their maiden name after divorce, whereas roughly 60% do not. The study cited several key reasons for this:
- 50% of respondents noted the impact of changing their name on their children
- 23% noted the costs related to changing their name
- 20% noted the time needed to go through the name-change process
Considerations for Parents and Children
Parents considering a name change after divorce may find themselves questioning whether their name should match their child’s. This is usually related to:
- School records
- Medical documents
- Travel purposes
Complications may come up in these situations when parents and children have different surnames.
Additionally, some parents believe that having the same last name can strengthen family unity and help children feel more secure during the post-divorce transition.
Georgia Laws on Name Changes After Divorce
Georgia law recognizes the significance of name changes in the context of divorce, but outlines clear requirements.
Requirements for Divorcing and Separating Individuals
During divorce proceedings, the judge grants a name change upon request. Your new or prior name will need to be in the official divorce decree. Under Georgia law, any adult may seek to “restore any former or maiden surname” as part of a divorce judgment. However, they need to meet a few additional requirements:
- The request for a name change MUST be included in the initial divorce petition, or filed separately, if the divorce proceedings have already started.
- You need to provide a reason for the name change that is not fraudulent or harmful to the rights of others.
- The desired name must not be offensive or violate any public policies.
Implications for Unmarried Fathers
If an unmarried father wants to object to or be involved in a child’s name change, he needs to have legal standing (established through legitimation).
However, if the name change is tied to establishing legal paternity or child custody disputes, it usually necessitates a distinct legal petition. This process requires explicit approval from the Georgia court system, particularly when it concerns the rights of a parent.
This process is separate from the typical name change proceedings. Managing these steps can be complicated, but understanding the requirements can help avoid any unintended consequences. In these situations, it’s recommended to meet with a Georgia family law attorney to learn more.
Steps to Legally Change Your Name After Divorce
The state of Georgia offers two main routes for changing your name after divorce. While a family law attorney will do much of the heavy lifting, having a basic understanding of these options helps avoid delays.
-
Including the Name Change in the Divorce Decree
The simplest way to change your name after a divorce is to officially request it in the decree. State law allows you to add this request directly to your divorce petition. When the judge signs the final decree, your new name becomes legal. Be 100% sure the divorce decree clearly states the full, exact name to be restored or adopted in the official court order.
-
Petitioning for a Name Change Post-Divorce
If you did not initially request a name change during your divorce, you can file a separate petition after the fact. This civil action — filed in your county’s Superior Court — asks the judge to officially allow the name change. There are notice requirements to keep in mind: Georgia law requires public notice in a local newspaper once a week for four weeks, except in certain cases where safety is a concern.
Required Documentation and Forms
To start the name change process in Georgia, you will need:
- Final Judgment and Decree of Divorce
- Proof of identity
- Applicable forms (available from your county Superior Court clerk or online through Georgia’s Judicial Council)
Fees will apply in this process, typically ranging from $200 to $250 in metro Atlanta. The fees may also include publication costs if a separate petition is necessary.
Updating Identification and Records
A legal name change depends on sound records. You’ll need to update your essential identification as soon as your name change is final. This includes:
Social Security Card, Driver’s License, and Passport
Your Social Security record is the first place to start.
Visit the Social Security Administration with your divorce decree or name change order. In Georgia, the Department of Driver Services requires an updated Social Security card before changing your license. Passports can be updated through the federal government by mail or at authorized passport acceptance facilities.
Child Custody and Support Orders
If child support, custody, and visitation orders are part of your divorce, you will need to notify the local courts or government agencies if your name changes. This is to confirm that their records reflect accurate information. Doing this will help avoid problems in future filings or if law enforcement is involved.
School and Medical Records for Parents and Children
Let your children’s schools and doctors know about the name change. This is to help with continuity in medical care, insurance benefits, and school records.
Special Considerations for Diverse Families
Non-traditional and LGBTQIA families, and unmarried fathers, may face unique questions during a name change after divorce, including.
Consent for Child Name Changes
In Georgia, the law treats the alteration of a child’s name as a separate legal procedure.
This distinct process requires that all parents have the right to voice their opinion on the matter – regardless of their marital status or orientation. The law typically necessitates the approval of both legal parents, with courts placing the highest importance on what serves the child’s best interests.
If there’s disagreement from one parent, it can spark legal disputes.
Safeguarding Parental Rights
For unmarried fathers, there needs to be an established legal relationship with their child prior to initiating a name change.
Legitimation, the formal process by which an unmarried father gains legal recognition, may be a prerequisite. This process confirms your standing in any legal matters involving your child and upholds your rights if any disputes over the child’s surname come up.
In the event of any custody or visitation issues, having your legal relationship established can affect the outcome.
Protecting Privacy and Safety
If there are any domestic violence or safety concerns, the Georgia courts can waive the public notice requirement. This waiver serves to protect victims from potential harm that could come from publicizing the intent to change their name.
Note that this is not automatic. It requires a specific request and justification to the court. If you have concerns over safety or privacy, discuss them with your Georgia divorce lawyer to understand what these steps look like.
Frequently Asked Questions
How long does the process take?
If the official request is included in your divorce, the name change takes effect as soon as the decree is signed and filed. For post-divorce petitions, expect a timeline of about two to three months due to notice and court scheduling.
Can a child’s name be changed?
Yes, but it requires a separate process. Both legal parents will need to consent to the name change – or a court hearing is usually required. In the court hearing, the judge will decide if the change serves the child’s best interests.
How much does it cost to change a name in Georgia?
Filing fees in the Atlanta area can range from $200–$250. If you file a separate name change request, add publication fees; these fees can range from $40–$100. There may be additional costs for certified copies of the order or name updates in federal records.
Do you need your marriage certificate or birth certificate to change your name in Georgia?
No, you do not need your marriage certificate or birth certificate to change your name in Georgia. If the name change is included in your divorce decree, that document serves as legal proof. For a separate name change petition, the court typically requires a valid photo ID and completed forms, but not a marriage or birth certificate — although some counties may request additional documents for identity verification.
Is there a waiting period to change your name in Georgia after a divorce?
Yes and no. There is no waiting period to change your name IF the request is included in your divorce proceedings; the name change becomes legally effective immediately upon the court’s approval and the filing of the Final Judgment and Decree of Divorce.
However, if you choose to change your name AFTER the divorce is finalized, Georgia requires that you file a separate petition in your county’s Superior Court. This process includes a mandatory 30-day waiting period during which a notice of your name change petition must be published in a local newspaper once a week for four consecutive weeks, unless the court grants an exemption due to safety concerns.
What’s the Next Step?
Choosing to change your name after divorce is a meaningful decision for many Georgia families.
Understanding the process and how to plan properly makes the transition smoother.
If you are considering a name change after divorce, review your options, gather the right documents, and be prepared for each step. At The Edwards Law Group, our mission is to guide people through each step of the divorce process – including name changes – with compassion and professionalism. Send us a message to schedule a consultation.
