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 the necessary documentation, you
can use it to have your name changed on your identification and personal
records.
If your divorce papers don't show your name change, you can still resume
your former name without much fuss. In most states, you can simply begin
using your former name consistently, and have it changed on all your
personal records. If you're returning to a name you had before marriage,
you're not likely to be hassled about the change.
Changing a child's name upon divorce
A child's name may be changed by court petition when it is in the best
interest of the child to do so. When deciding to grant a name change, courts
consider many factors, such as the length of time the father's name has been
used, the strength of the mother-child relationship and the need of the
child to identify with a new family unit (if the change involves
remarriage). The courts must balance these factors against the strength and
importance of the father-child relationship. It's up to a judge to decide
which name is in the child's best interest.
Keep in mind that, even if you do change your children's last name, you
won't be changing the legally recognized identity of their father. Nor will
a name change affect the rights or duties of either parent regarding
visitation, child support or rights of inheritance. Changes such as these
occur only if the parental roles are altered by court order -- for example,
a new custody decree or a legal adoption