Divorce often comes with numerous changes, among the most prevalent of which is a change of name. Please continue reading as we explore how you can change your name after a divorce in Illinois and how a knowledgeable Peoria Divorce Lawyer can assist you.
Do I Have to Change My Name After a Divorce in IL?
Contrary to popular belief, you are not legally obligated to change your name after a divorce in Illinois. If you want to keep your married name, your spouse cannot prevent you from doing so. However, it’s important to note that you can change your name to nearly anything you wish following the dissolution of your marriage, provided that the new name is not intended to defraud others and is in the public interest.
In Illinois, you can include the name change in your divorce petition or file a separate adult name change petition in court to obtain a new court order reflecting your desired name. Once you have the court-certified copy of this order, you may use it to update your name on official documents.
What Are the Steps Involved in This Process?
In Illinois, the process of changing your name following a divorce is usually straightforward, especially if the name change was stipulated in your divorce decree. If your divorce decree specifies that your maiden or former name is restored, this document constitutes sufficient legal proof of said name change. You do not need to file a separate petition with the court.
If your divorce decree does not cover the desired name change, you will need to file a “Petition for Name Change” with the circuit court in the county where you reside. This legal document provides your current name, the name you wish to adopt, and the reasons for the change. If you are changing your name back to your maiden name or a former name as a result of a divorce, you can request a waiver of the publication requirement from the court. This can facilitate the process and avoid public disclosure.
A court hearing will likely be scheduled in which a judge will review the petition and, if satisfied, will grant the name change. If you have secured a waiver of publication, this hearing typically proceeds without complications. Once approved, an “Order for Name Change” will be issued. This legal document formally changes your name.
Once your divorce decree or the “Order for Name Change” has been issued, you must update your name on various official documents with different agencies. This includes your Social Security card, driver’s license, passport, bank accounts, and other important documents.
For more information, please don’t hesitate to contact an attorney at Butler, Giraudo, & Meister, P.C.
