Contemplating Life after Divorce: Reclaiming Your Maiden Name

 Posted on August 12, 2014 in Divorce

Divorce can be a long, contentious process—so much so that you might not contemplate how life will be different as a newly single adult. But there are a few decisions you need to make about life after divorce. For example, if you took your spouse’s surname when you married, should you consider reclaiming your maiden name?

Illinois law allows spouses to assume their partner’s surname without a formal court petition. An Illinois marriage license is the only proof you need to change your name on your Social Security card and driver’s license. After you have taken this step you may update credit card, passport, and other identifying information. Despite the relative ease of adopting your spouse’s surname, the process might ultimately be a hassle depending on the number of people and companies you have to inform and the number of forms you have to fill out.

If the marriage is dissolved or declared invalid, you may request the court to restore your former name. Going through that process again might feel overwhelming, but you do not have to make this decision right away. Just be sure your divorce attorney includes a provision in the Judgment for Dissolution of Marriage reserving your right to reclaim your maiden name at a later time.

Petitioning to Change Your Child’s Surname Post-Divorce and Pursuing New Relationships

Another reason you might hesitate to change your name is if the marriage produced children. You might feel uncomfortable having a different last name. However, not only is it possible to restore your maiden name, it might be possible to change your child’s last name, if a court determines this would be in his or her best interest. You would need to petition the court, which would consider such factors as:

• The relationship of the child with each parent, as well as the identity of the custodial parent;

• The child’s age and the level of adjustment a name change would require;

• The wishes of the parents; and

• The wishes of the child.

Renewing your independence and establishing your identity post-divorce can be a turbulent and emotional process. After reclaiming your maiden name and ensuring your children’s well being, the last thing you probably want to consider is jumping back into the dating game. But it is nice to know that you can. In Illinois, unlike in other jurisdictions, such as Texas, there is no waiting period for remarriage. If you meet someone during the divorce proceeding or in the initial days of post-divorce freedom, you may legally pursue a relationship. (Keep in mind, though, that dating someone during a divorce proceeding might cause complications regarding asset division and might ultimately prolong the proceeding.)

We understand that divorce is a large life change, both for you and your children. In addition to name changes and new relationships, you have to consider child custody, spousal support, property division, and a myriad of other issues. That is why you need an St. Charles divorce attorney who can help you navigate this difficult process. Contact us today for a consultation.