When Texas couples divorce, one of the first things that many family divorce lawyers get asked about is legal name changes.
Many spouses want to know how soon they can do it, while others wonder if they can keep their married last name for a variety of personal reasons.
Fortunately, as any family divorce attorney knows, the topic of legal name changes seems more complicated than it actually is.
When Can Divorcing Spouses Change Their Last Name?
Family divorce law firms are often asked when can a legal name change be made in Texas when spouses are divorcing?
A legal name change related to a divorce can be made in two ways in Texas, either during the process or after the divorce.
The simplest way to do it is to have family divorce lawyers include the name change in the divorce decree that will be approved and finalized by the Texas family court.
The second option if a name change is not written into the divorce decree is to file an Original Petition for Change of Name within the county where they reside.
Proof of the divorce may be required to do so.
Can A Name Change Be Denied?
As easy as that is, family divorce attorneys know there are certain circumstances in which a judge can deny a request for a name change.
Someone who has been convicted of a felony could be denied their request unless:
- They have been pardoned.
- Two years or more have passed since being released from prison or completing probation.
- The request is to change a name to the one that is on their criminal records.
Family divorce law firms advise that these precautions exist to ensure that divorced spouses cannot avoid being found for legal purposes or hide from creditors.
Is A Name Change Required?
Do spouses have to legally change their last name once they are divorced?
The answer from family divorce law firms is that no, they do not.
Some spouses prefer to keep their married last name so it stays the same as the last name of their children.
Others may choose to keep their last name for professional reasons if they are already known by that name or for some other personal reason.
Can Children's Last Names Be Changed As Part of a Divorce?
With regard to a couple’s children, family divorce attorneys point out that while the court cannot change the last name of a couple’s children as part of the divorce decree, parents may file separate petitions for name changes of their kids.
These requests usually require both parents and children over 10 years of age to be in agreement over the change and involve a hearing with a judge.
What Does All This Mean?
Changing a last name during or after a Texas divorce is very easy to do in most cases.
Ex-spouses in need of guidance or with questions about the name change process should discuss it with their family divorce lawyer, who can provide the best advice for their individual situation.