Divorced

[va.ma 16]

hi,

I am getting married to my boyfriend who is currently living abroad, and after that we are planning in filling I 130. When I got divorced, i kept my ex husband last name, now than I will get married what last name should I used to sign the documents? my maiden name or my "legal" last name?

Thank you for your help.

[apple21 953]

It's entirely up to you. What name do you want to use? Your ex's? Your maiden name? Your new married name?

[va.ma 16]

Thank you! But I mean when i get to sign the marriage documents? After that I'll use my future husband last name to start the I 130.

[ProudAfrican 5]

If you are divorced and kept your ex's name you have to sign it till you are remarried.

If after divorce you adopt your maiden name( change legally) you down sign it.

[MedRoni 161]

I was in the same situation. Legal name.

[va.ma 16]

If you are divorced and kept your ex's name you have to sign it till you are remarried.

If after divorce you adopt your maiden name( change legally) you down sign it.

Thank you for taking the time to reply.

Ok, So I have to get married with my ex's last name I have all my immigration documents under my legal last name.

I was in the same situation. Legal name.

hi,

can you please tell me more? how did you resolve this issue?

[Villanelle 4,122]

When you were born you were given a name- Jane Smith. You were married and took your first husbands name Brown. You are now Jane Brown.

When you got divorced, the court wouldve asked you (and if they didnt you couldve asked in the divorce papers) to go back to using Jane Smith. If you didnt, your name is still Jane Brown.

You cant abandon the name Brown with out a court order. Either a divorce order stating Jane Brown will now be called Jane Smith again (so if its not written in the divorce wife will resume use of her maiden name,you can be Jane Smith) Or by going to probate court and changing your name legally again back to Jane Smith for a fee.

Jane Brown did not change her name in the divorce. She did not go to probate court and change her name either.

So now Jane Brown must marry her new boyfriend- Jack Jones as Jane Brown as that is her name.

She then has the option to remain Jane Brown, or take his name and become Jane Jones, or go to probate court and pay to change her name to Jane Smith again or Jane Peters, or Jane White, or whatever she likes.

--------

If you dont want to marry with your exs last name, you need to legally change your name before you marry. Look up how to change your name in your county. There will be a fee. Probably around 100-200 dollars. It can take a while. Some places around 4-6 weeks. Some places sooner. Some places longer. The basic procedure is, you go down to the county clerk and submit a paper application stating the name you want and reason for the change, you have to then publish the proposed name change in the local paper and it has to run for a while to alert everyone. They will set a hearing. (it could take a while for a slot to open depending on the court) You go to the hearing where they review it. As long as the name isnt offensive or trademark infringing it will be approved. You might have to wait a day or two to get proof of the name change. No lawyer is needed.

You would then bring the court order along with your other proofs of identity (birth certificate) showing you changed your name to where you apply for your marriage certificate, because you can get a new birth certificate issued based on the name change court order, but that takes a long time. The name change order + old birth certificate is the same as a corrected birth certificate. You would take the name change order to DMV and SS and they would give you new IDs just like you would when you got married.

Its another paper to add to your collection, but if it means a lot to you to not marry under your exs name, and you have the time and money to change your name before the wedding, then do it if its what you want.

Youd be changing a lot of things, DL, SS, credit cards, bank cards, I mean pretty much everything, and then changing them again after youre married though if you take your new husbands name.

[NikLR 13,227]

Not everyone has to pay a fee to assume their maiden name. But the OP does have to find out what is required by THEIR country/state/province/district etc.... What applies to one person does not apply to another.

I do agree not to really bother though unless the OP feels its important. The OP would have to put down that last name in "any previous names used" questions anyhow.

[MedRoni 161]

hi,

can you please tell me more? how did you resolve this issue?

There was no issue to resolve. Legally to the government I was listed as my ex-husbands last name. My ID, social security card, passport all listed this.

When I signed any paperwork I signed it the same way I have been in the past until I was married and legally changed my last name.

[Villanelle 4,122]

Not everyone has to pay a fee to assume their maiden name. But the OP does have to find out what is required by THEIR country/state/province/district etc.... What applies to one person does not apply to another.

I do agree not to really bother though unless the OP feels its important. The OP would have to put down that last name in "any previous names used" questions anyhow.

Of course theres a fee to change your name, you just dont always see it. When you get married you pay for the marriage license. Thats the fee. You can then change your name based on that county certificate. When you get divorced you pay the county fees to file that as well. You can change your name if the divorce court order specifies it. If you want to change your name just out of the blue you can go to the court and request it and they will let you but you will have to pay court costs. (Perhaps there is some court somewhere in the US that allows its residents to change their names with no court costs what so ever- but it would be incredibly rare.)

[va.ma 16]

When you were born you were given a name- Jane Smith. You were married and took your first husbands name Brown. You are now Jane Brown.

When you got divorced, the court wouldve asked you (and if they didnt you couldve asked in the divorce papers) to go back to using Jane Smith. If you didnt, your name is still Jane Brown.

You cant abandon the name Brown with out a court order. Either a divorce order stating Jane Brown will now be called Jane Smith again (so if its not written in the divorce wife will resume use of her maiden name,you can be Jane Smith) Or by going to probate court and changing your name legally again back to Jane Smith for a fee.

Jane Brown did not change her name in the divorce. She did not go to probate court and change her name either.

So now Jane Brown must marry her new boyfriend- Jack Jones as Jane Brown as that is her name.

She then has the option to remain Jane Brown, or take his name and become Jane Jones, or go to probate court and pay to change her name to Jane Smith again or Jane Peters, or Jane White, or whatever she likes.

--------

If you dont want to marry with your exs last name, you need to legally change your name before you marry. Look up how to change your name in your county. There will be a fee. Probably around 100-200 dollars. It can take a while. Some places around 4-6 weeks. Some places sooner. Some places longer. The basic procedure is, you go down to the county clerk and submit a paper application stating the name you want and reason for the change, you have to then publish the proposed name change in the local paper and it has to run for a while to alert everyone. They will set a hearing. (it could take a while for a slot to open depending on the court) You go to the hearing where they review it. As long as the name isnt offensive or trademark infringing it will be approved. You might have to wait a day or two to get proof of the name change. No lawyer is needed.

You would then bring the court order along with your other proofs of identity (birth certificate) showing you changed your name to where you apply for your marriage certificate, because you can get a new birth certificate issued based on the name change court order, but that takes a long time. The name change order + old birth certificate is the same as a corrected birth certificate. You would take the name change order to DMV and SS and they would give you new IDs just like you would when you got married.

Its another paper to add to your collection, but if it means a lot to you to not marry under your exs name, and you have the time and money to change your name before the wedding, then do it if its what you want.

Youd be changing a lot of things, DL, SS, credit cards, bank cards, I mean pretty much everything, and then changing them again after youre married though if you take your new husbands name.

Thank you so much! very clear and detail. I understand now

[Darnell 8,478]

I say use the name in yer passport.

Want to change it? Get a new passport !

[NikLR 13,227]

Of course theres a fee to change your name, you just dont always see it. When you get married you pay for the marriage license. Thats the fee. You can then change your name based on that county certificate. When you get divorced you pay the county fees to file that as well. You can change your name if the divorce court order specifies it. If you want to change your name just out of the blue you can go to the court and request it and they will let you but you will have to pay court costs. (Perhaps there is some court somewhere in the US that allows its residents to change their names with no court costs what so ever- but it would be incredibly rare.)

I could easily change my name back to my maiden name, not being divorced and the only "fees" would be the costs of changing ID. As a married woman you have the right to use your maiden name, your spouse's surname or a combination of. You can switch back at any time because you do not change your birth certificate. A marriage license is not a fee to change your name. That's just silly and you're grasping at straws. But what applies in my province may not apply in another. What applies in your county may not may not apply in the OP's country. But if you want to think so, be my guest.

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