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got GC-got Divorce-wanna change SNN only not GC

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Filed: Citizen (apr) Country: Australia
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No, I'm sorry this is not correct. Name changes are done at Social Security which is a federal agency - no variation state to state. Anytime a divorcee wishes to return to their maiden name, the divorce decree itself is the sole legal document necessary to do this, regardless of how that person's name appears on it (married or maiden name) and regardless of when the decree was issued. There is no time-limited option that you speak of. The procedure's the same as with a name change based on marriage.

Again, you are wrong. In the state of Illinois for example the request must be included in the Judgment of Dissolution of Marriage with the Judges signature. I suspect you are not an attorney or you would know this.

http://www.nolo.com/legal-encyclopedia/change-name-after-divorce-faq-29090.html

Q: I took my husband's name when I married, but now we're getting divorced and I'd like to return to my former name. How do I do that?

A: In most states, you can request that the judge handling your divorce make a formal order restoring your former or birth name. If your divorce decree contains such an order, that's all the paperwork you'll need. You'll want to get certified copies of the order as proof of the name change -- check with the court clerk for details. Once you have this official documentation, you can use it to have your name changed on your identification and personal records.

If your divorce decree doesn't contain an order restoring your former name, check to see if it can be modified to include language restoring your name. In some states, this is possible even after the divorce is final. For example, in California you would use a form entitled Ex Parte Application for Restoration of Former Name After Entry of Judgment of Order (FL-395).

Even if your divorce papers don't show your name change, you may still be able to resume your former name without much fuss, especially if you still have some proof of that name, such as a birth certificate or old passport. In most states, you can simply begin using your former name consistently, and request that it be changed on all your personal records (see Changing Identification and Records).

If you're returning to a name you had before marriage, you're far less likely to be hassled about the change than if you adopt a completely new name, but you may still face some bureaucratic barriers in returning to a previous name. This is especially likely if you are a recent immigrant or do not have reliable documentation of your former name.

(Emphasis added)

Again, it varies from state to state. Preferably it's mentioned in the Judgment so that you're not hassled.

**Note - In Illinois for example, you need to take a certified copy of the Judgment, received from the courthouse, to the SSA. They will not accept a regular photocopy, needs to be a certified copy.

Edited by Vanessa&Tony
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Filed: Citizen (apr) Country: Thailand
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Again, you are wrong. In the state of Illinois for example the request must be included in the Judgment of Dissolution of Marriage with the Judges signature. I suspect you are not an attorney or you would know this.

http://www.nolo.com/legal-encyclopedia/change-name-after-divorce-faq-29090.html

(Emphasis added)

Again, it varies from state to state. Preferably it's mentioned in the Judgment so that you're not hassled.

**Note - In Illinois for example, you need to take a certified copy of the Judgment, received from the courthouse, to the SSA. They will not accept a regular photocopy, needs to be a certified copy.

Says right in the passage you provided: "Even if your divorce papers don't show your name change, you may still be able to resume your former name without much fuss, especially if you still have some proof of that name, such as a birth certificate or old passport. In most states, you can simply begin using your former name consistently, and request that it be changed on all your personal records (see Changing Identification and Records)."

This means that all you need is a copy of the decree and can still have your name changed back to your maiden name simply by going to the SSA. I'm speaking from personal experience having taken a decree from one state and obtained a name change in another simply by going to Social Security with that document. Not interested in arguing with you and willing to agree to disagree.

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Filed: Citizen (apr) Country: Australia
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Says right in the passage you provided: "Even if your divorce papers don't show your name change, you may still be able to resume your former name without much fuss, especially if you still have some proof of that name, such as a birth certificate or old passport. In most states, you can simply begin using your former name consistently, and request that it be changed on all your personal records (see Changing Identification and Records)."

This means that all you need is a copy of the decree and can still have your name changed back to your maiden name simply by going to the SSA. I'm speaking from personal experience having taken a decree from one state and obtained a name change in another simply by going to Social Security with that document. Not interested in arguing with you and willing to agree to disagree.

It says MAY. This is not something to "agree to disagree" about unfortunately because your advice can make it harder for people in the future who think "ahh I'll worry about it later, after the divorce".

The best advice is, assume that it needs to be on your Judgment and decide BEFORE you sign it whether you want to change your name. If that changes after signing it, be aware there MAY be a need for a court order and that usually costs a bit of time and money. So don't just assume that divorce changes it. Assume it DOES need to be in the Judgment, DOES need to be decided prior to divorce and put some serious thought into it (just like you should with marriage). Then you won't be upset down the line if it doesn't work that way and you're forced to pay for it.

**Edit - also, mightn't hurt to check the rules in your home country (for the immigrant) because that might be different as well (as in Australia for example, the overseas marriage certificate is not enough).

Edited by Vanessa&Tony
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Filed: Citizen (apr) Country: Thailand
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It says MAY. This is not something to "agree to disagree" about unfortunately because your advice can make it harder for people in the future who think "ahh I'll worry about it later, after the divorce".

The best advice is, assume that it needs to be on your Judgment and decide BEFORE you sign it whether you want to change your name. If that changes after signing it, be aware there MAY be a need for a court order and that usually costs a bit of time and money. So don't just assume that divorce changes it. Assume it DOES need to be in the Judgment, DOES need to be decided prior to divorce and put some serious thought into it (just like you should with marriage). Then you won't be upset down the line if it doesn't work that way and you're forced to pay for it.

**Edit - also, mightn't hurt to check the rules in your home country (for the immigrant) because that might be different as well (as in Australia for example, the overseas marriage certificate is not enough).

Your original advice to the OP was that if the name change didn't appear on the original decree then they would need a court order, period. My original response was no, that's not true and I stand by that original advice in the context in which it was given. You have now twisted my advice to be "worry about it later" which is completely untrue. I do not appreciate having my responses twisted like this, don't understand why it was given, and am surprised since you usually give good, sound advice.

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Filed: Citizen (apr) Country: Australia
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Your original advice to the OP was that if the name change didn't appear on the original decree then they would need a court order, period. My original response was no, that's not true and I stand by that original advice in the context in which it was given. You have now twisted my advice to be "worry about it later" which is completely untrue. I do not appreciate having my responses twisted like this, don't understand why it was given, and am surprised since you usually give good, sound advice.

As the conversation goes over 2 pages I'll lay it our here:

Exactly, the document ITSELF is enough for a legal name change regardless of how your name appears on it (maiden or married name) and it doesn't matter if your divorce was last week or 10 years ago. Too much incorrect info on this topic here I'm afraid...

Actually you're wrong. This varies from state to state, just like it does for marriage certificates. If there is an option to elect going back to her maiden and she didn't, then she will need a court order. If there is no option then it can be either. Usually there is an option.

No, I'm sorry this is not correct. Name changes are done at Social Security which is a federal agency - no variation state to state. Anytime a divorcee wishes to return to their maiden name, the divorce decree itself is the sole legal document necessary to do this, regardless of how that person's name appears on it (married or maiden name) and regardless of when the decree was issued. There is no time-limited option that you speak of. The procedure's the same as with a name change based on marriage.

Again, you are wrong. In the state of Illinois for example the request must be included in the Judgment of Dissolution of Marriage with the Judges signature. I suspect you are not an attorney or you would know this.

http://www.nolo.com/legal-encyclopedia/change-name-after-divorce-faq-29090.html

(Emphasis added)

Again, it varies from state to state. Preferably it's mentioned in the Judgment so that you're not hassled.

**Note - In Illinois for example, you need to take a certified copy of the Judgment, received from the courthouse, to the SSA. They will not accept a regular photocopy, needs to be a certified copy.

You can see I stated "This varies from state to state" and as I have since mentioned, Illinois is one of the states where it DOES matter.

There is no twisting of your advice. You stated that it doesn't vary from state to state, that the document itself is sufficient. As the document is something done AFTER divorce, your advice could be taken by someone as "oh well I don't need to decide now, I'll just decide later".

I'm sorry that you don't like hearing how your advice could be taken but remember that not everyone here is proficient in English and some people take advice at face value, and, that's how your appears at face value. That making the conscious choice of name after divorce doesn't matter because you can change your name regardless.

My advice is simply this - assume it DOES matter what is on your decree/judgment and plan accordingly. If it doesn't matter, great, if it does, you're covered to.

Also, check with your home country to ensure you're following the rules there too (if that matters to you).

Edited by Vanessa&Tony
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Filed: IR-1/CR-1 Visa Country: China
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Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Filed: Citizen (apr) Country: Australia
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Haha :P I know for the OP the point is moot, but I was offering advice for future readers who are in the divorce process and may be wondering about this :)

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Filed: Citizen (apr) Country: Thailand
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Haha :P I know for the OP the point is moot, but I was offering advice for future readers who are in the divorce process and may be wondering about this :)

Good grief, here's hoping they find something more useful than this thread

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Filed: Citizen (apr) Country: Australia
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Good grief, here's hoping they find something more useful than this thread

Ditto! Like a lawyer who knows their shiz :P

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