Where should I apply to have my name changed?

Full question:

I was born in New York City and was married in Virginia. I have been divorced for 10 years and have been using my married name. I would like to go back to my maiden name. Should I do that in New York or Virginia?

Answer:

The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a divorce order as proof of name change.

Sometimes a name change isn't made as part of the divorce order. When a person doesn't reside where the dovorce was issued, a name change request is typically made in the county of residence. In New York, a person may change their name by filing an action in the County Court or the Supreme Court of the county in which they reside, or, if they reside in New York City, either with the Supreme Court or to any branch of the Civil Court of the City of New York, with appropriate forms.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

After a divorce, you can choose to keep your married name or revert to your maiden name. If you decide to change your name back to your maiden name, you may need to file a petition for a name change in your local court if it was not included in your divorce decree.