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Name Changes in Marriage and Divorce

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By: Isabella Dietrich

When getting married and divorced the question of changing or reverting one’s last name often comes up. We’ve broken out some of the common questions Clients have about the topic.

If you’re getting divorced:

  1. I am getting divorced, can I change my last name back to my maiden name?
    1. Yes, but the Court will not issue that order until the final decree is issued at the end of the case. In the meantime you are welcome to socially use your maiden name but until the decree is issued by the Court your legal last name will remain your current married name.
  2. I am getting divorced, but I don’t want my current last name or my maiden name, can I take a different last name?
    1. No, the Court only restores your name during a divorce to your prior name. You can still go through a separate legal process to change your last name to a 3rd last name but it would not be through the divorce it would be through a new civil case after the divorce decree is issued.
  3. I am getting divorced, and I want to change my first or middle name can I do so?
    1. No, the Court only restores your name during a divorce to your prior name. You can still go through a separate legal process to change your name to a new name but it would not be through the divorce it would be through a new civil case after the divorce decree is issued.

If you’re getting married:

  1. I am getting married here in Colorado, what name do I sign on the marriage license?
    1. You should sign your “maiden” or current name prior to the change you will then take the marriage license with you when you submit the name change to the social security administration.
  2. I am looking into having a prenup drafted, what name would appear on my prenup?
    1. Your pre-married name would appear as a prenup is entered into prior to the marriage with your current legal name.
  3. I want to change my name when I get married but I want my future children to have my maiden name, can I do that if I change my last name?
    1. Yes, in Colorado you can give your child your maiden last name even if you have already changed your name.

You want to change a minor’s name:

  1. Adoption
    1. During an adoption a child’s last name can be changed to either take the new parent’s last name or to hyphenate the child’s name. This request should be made prior to the hearing and after it is granted by the Court you will need to update the child’s legal documents. Be sure to update all legal documents for the child or they may have difficulty later in life being approved for a passport.
  2. Gender Identity
    1. A petition to change a child’s name can also be filed as a civil case and notice must be given to all parents or those with parental rights. After a period of publication has occurred the Court may grant the change. Again it is extremely important after the order is issued that all of the child’s legal identification documents are updated as well.
  3. Child’s request
    1. Similar to above a child’s name may be changed by filing a civil case. Parties with parental rights do need to consent to the change, as such if all parties are not in agreement the Court will hold a hearing and the Court will decide at the hearing whether the child’s name shall be changed over the objection of the other parent.

Current Events and the SAVE Act:

The cultural practices around name changes and family lineage are complex and extremely personal, despite the legal process to change a name being relatively simplistic. Historically, the legal advice has been that name changes do not drastically alter your rights, however with the pending legislation of the SAVE Act has left many feeling confused about what risks they expose themselves to if they choose to change their legal name.

The current iteration of the SAVE act would bar individuals from voting if (1) their legal name did not match their name on their birth certificate and (2) they did not have a passport they could provide instead. Current estimations are that roughly half of US citizens have a passport, drastically increased from the reported 30% back in 2008. That being said, it is still a large portion of the population that could be disenfranchised by the potential legislation. As of yet the SAVE act is not law, but the potential development is being watched with wary eyes from the legal community as to how it could disproportionately impact clients who have chosen to change their name during marriage or not revert to their maiden name in a divorce.