It is not unusual for women to take a new name after going through the process of divorce. In principle, people are permitted to use any name they choose in accordance with the laws of the state of Alabama, with the exception of changing one’s name for the purpose of engaging in fraudulent activity. Legal action is required in order to change one’s name. Adding this clause to the divorce agreement and final order, or filing for divorce after the final order is issued, can help you change your name during the divorce process. This can be done by submitting a petition to change your name to the Probate Court in the county in which you currently reside. You have the ability to change your name in the divorce decree by including the sentence “The Wife shall resume the use of her previous name, ______.” in the document. Any petition to change a name needs to be signed by the person who wants to change their name, and it needs to include both the current name that people know them by and the new name that they want to use in the future. It is possible for a child’s name to be altered as part of the adoption process if the child is adopted.
Discuss your situation with lawyers at The Harris Firm, LLC.
It’s interesting to note that a former wife can be barred from using her ex-husband’s given name or initials. The law stipulates as follows:
“The circuit court of the county where the divorced wife resides may prohibit the divorced wife from using the given name or initials of the divorced husband at the discretion of the court and upon the application of any interested party,”
In actual reality, this rule is not invoked very often, which is especially the case if you have children. Most ladies choose to preserve their husband’s last name so that it will be consistent with their kid’s name, and most courts in today’s society will not require a lady to give up her husband’s name unless there are exceptional circumstances. In another case, we were involved in the process of attempting to clear a child’s name of the man who was the child’s biological father. This is extremely unlikely to happen unless the biological father’s parental rights may be terminated prior to the name change.