Nasty Divorce Tactics: What They Are, Why People Use Them, and Their Consequences in Maryland
December 13, 2024
Divorce is often a time for new beginnings, and for many, reclaiming a former name is a meaningful part of moving forward. Whether it’s restoring a maiden name or a previous married name, changing your name after a Maryland divorce is a straightforward process—but it does require planning and attention to detail.
In this article, we’ll explore the reasons for changing your name, the legal process in Maryland, and practical steps to take once your name change is granted.
Why Change Your Name After a Divorce?
There are many reasons someone might choose to revert to a former name after divorce, including:
- Personal Identity: A former name may feel more aligned with your sense of self and provide a fresh start.
- Professional Reasons: If you built a career or reputation under your former name, returning to it can simplify professional interactions.
- Emotional Closure: For some, a name change can symbolize the end of one chapter and the beginning of another.
- Consistency with Children: Others may retain their married name if it matches their children’s, but this choice is highly personal.
The Legal Process: Changing Your Name During a Maryland Divorce
In Maryland, reverting to a former name during a divorce is typically straightforward and can be included as part of the divorce proceedings. Here’s how it works:
- Include the Request in Your Divorce Complaint or Answer:
- If you are the plaintiff, you can request to resume a former name when filing the complaint for divorce.
- If you are the defendant, you can make the same request in your answer to the complaint.
- Judicial Approval:
- During the final divorce hearing, the judge will ask whether you wish to revert to your former name. If you confirm, the court will include this approval in the final divorce decree.
- Eligibility Requirements:
- Maryland law allows you to resume any name you previously used, as long as you are not doing so for fraudulent purposes or to avoid legal obligations, such as debts or criminal prosecution.
- Timing:
- If the name change is part of the divorce proceedings, it becomes effective once the court issues the final divorce decree.
Changing Your Name After a Divorce is Finalized
If you didn’t request a name change during your divorce, you can still pursue it after the divorce. Maryland law permits a request to resume a former name within 18 months after the divorce has been finalized. A Motion for Restoration of Former Name can be filed in the same divorce case. A judge will review the motion and make a ruling on your request to resume a former name.
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Practical Steps After Your Name Change
Once your name change is granted, there are several important steps to take to ensure the transition is smooth and legally recognized:
- Update Your Identification Documents:
- Social Security Card: Notify the Social Security Administration (SSA) of your name change by completing Form SS-5 and providing a certified copy of your divorce decree or name change order.
- Driver’s License or State ID: Visit your local Maryland Motor Vehicle Administration (MVA) office to update your ID. Bring your current license, the divorce decree or court order, and other required documents.
- Passport: Apply for a passport renewal or update through the U.S. Department of State using the appropriate form.
- Notify Financial Institutions:
- Contact your bank, credit card companies, and investment accounts to update your name. Be prepared to provide a certified copy of the name change documentation.
- Update Legal and Professional Documents:
- Update your name with your employer, health insurance provider, utility companies, and any licensing boards or professional organizations.
- Inform Personal Contacts:
- Notify family, friends, and other personal contacts of your name change to avoid confusion in correspondence.
- Update Digital Records:
- Update your name on email accounts, social media profiles, and other digital platforms to ensure consistency across your personal and professional life.
Legal and Practical Considerations
Before changing your name, consider the following:
- Impact on Children:
- If you have children who share your married name, consider whether changing your name might cause confusion or emotional impact.
- Professional Implications:
- Ensure that colleagues and clients can still identify and contact you if your name change affects your professional life.
- Financial Records:
- Keep records of your name change to avoid complications with taxes, loans, or other financial obligations.
- Fraud Prevention:
- Maryland courts are vigilant about ensuring name changes are not used to avoid debts, criminal charges, or other obligations. Be prepared to demonstrate that your request is in good faith.
Changing your name after a divorce is a personal decision that can mark a significant step toward a new chapter in life. At Baumohl Hamburg LLC, we understand the legal and emotional aspects of divorce and offer tailored guidance for all aspects of the process, including name changes.
If you’re considering changing your name after a Maryland divorce, or if you have other family law needs, contact us today for a consultation. We’re here to help you navigate the process with confidence and peace of mind.
Common Questions About Name Changes After Divorce
1. Can I change my name to something completely new?
In Maryland, you can choose a completely new name, but this requires a separate name change petition outside of the divorce process.
2. Is there a deadline to request a name change after divorce?
No, there’s no deadline. However, addressing it during the divorce proceedings or within 18 months after the divorce is often simpler and more cost effective than filing a separate name petition after 18 months.
3. Do I need an attorney to help with a name change?
While the process is straightforward, consulting an attorney can ensure your request is properly handled, especially if your situation involves unique complexities.
Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified attorney for personalized guidance and representation in legal matters.
About the Author
Harry A. Baumohl, founding partner at Baumohl Hamburg LLC, is an accomplished attorney specializing in Maryland family law and civil litigation. With decades of experience, he has earned a reputation for his strategic problem-solving and dedication to his clients. As a trusted legal professional, Harry focuses on guiding individuals and families through challenging legal matters such as divorce, custody, and estate planning with compassion and expertise.
