Maybe you took your spouse's last name when you married. And maybe, now that you're splitting up, you have decided to change your last name back to what it used to be. When you divorce in Utah, this process is called Name Change.
If you do not wish to change your last name after divorce, there is nothing you need to do. However, if you want to restore your previous name, this article will walk you through the steps to do so.
If your divorce has not started
If you just started the divorce process, the best way to go about changing your name in Utah is to fill out the Name Change section on your petition for divorce. On the form, provide both your married name and your previous name.
If you're responding to a petition for divorce, you will not have that option on your form. However, you can ask the judge to make a formal order in your divorce decree to restore your former name with this form.
The decree should state the married name and the name to be restored after the divorce. If your divorce decree includes this order, the court order is the only document you need to change your identification records.
Quick Tip: Along with all of the required divorce forms, you can easily complete your name change through our Divorce Navigator.
If your divorce is finalized
If your Utah divorce has already been finalized and you did not indicate your desire to change your name in your petition or to the judge, don't worry. There's still a way for you to restore your former name.
You must file a Petition for Name Change with the court. You need to fill out and complete the Department of Corrections Certification Regarding Sex and Kidnap Offender Registry and Child Abuse Offender Registry form first. If you are on the Sex Offender Registry or the judge orders you to provide notice of your name change, you will need to fill out and file the Notice for Hearing on Petition for Name Change form.
Additionally, you must fill out and file the Cover Sheet for Probate Actions, Petition for Name Change, and Order for Name Change. If you are not on the Sex Offender Registry or the judge did not order you to notify others of your name change, you only need to fill out and file the Cover Sheet for Probate Actions, Petition for Name Change, and Order for Name Change. You only need to fill out the caption boxes, the date of your appearance in court, your birthdate, and the name on your birth certificate on the Order for Name Change. The rest of the form will be filled out by the judge.
There is a filing fee of $375. If this filing fee is too much for your current financial situation, you can try to have the fee waived with a Motion to Waive Fees and Statement Supporting Motion and an Order on Motion to Waive Fees. Please see the Utah Court website for more information about fee waivers.
What to do after your name has been restored
After your name change is finalized, you need to notify the Social Security Administration (SSA), the DMV, and other organizations of your name restoration. If you have a passport, you will need to change your name on that, too.
How to notify the Social Security Administration
Changing your name on your Social Security Card is free. To start, you will need to fill out the Application for a Social Security Card. Additionally, you will need to submit additional documents to prove your age, identity, citizenship, or immigration status. In general, the following are the documents you must submit with your application:
- To prove your age, you must provide your birth certificate.
- To prove your identity, you can provide one of the following: your U.S. driver's license, U.S. state-issued non-driver identity card, or U.S. passport.
- To prove your citizenship, you must provide your U.S. birth certificate or passport.
- To prove your immigration status, you must provide a current unexpired document issued to you by the Department of Homeland Security showing your immigration status, such as Form I-551, Form I-94, or Form I-766.
For a complete list of other types of documents that are acceptable, we highly recommend you to check out Colorado Name Change's blog on this process, as the process for name change in Utah divorce is the same. (It's the same across all states.)
How to notify the DMV
Before changing your name with the DMV, your name change must be on file with the court. You cannot change your name online; the change requires an in-person appointment. Generally, you will need to bring your current driver's license, Social Security card (or active U.S. passport), and proof of your name change, such as a divorce decree or name change order.
How to change your passport
Most people seeking to change their passports will need to use the DS-82 form. Along with this form, you will need to submit certified documentation that reflects your name change.
However, you may need to use the DS-5504 form if you meet one of the three situations:
- You changed your name less than one year after your passport was issued,
- Your identifying information in your most recent passport was printed incorrectly, or
- Your passport was limited to two years or less for a reason other than losing your passport multiple times or having a seriously damaged passport.
The cost of either form will vary depending on whether you are renewing the passport book or the card. To complete this process, you can mail in your application with a check.
How to notify other organizations
Here are some organizations you may need to notify of your name change:
- Banks and credit unions
- Colleges or universities
- Employers
- The United States Postal Service.
This is not a complete list. If you have any accounts with other organizations, notify them of your name change as well.
Banks and credit unions
Banks and credit unions generally have the same process. Generally, you will need to show a copy of your driver's license or state identification card and your divorce decree or name change order.
Colleges and universities
If you attended a college or university, you will need to update the Office of the Registrar. Generally, most colleges and universities will ask for proof of your name change and a copy of your identification.
Employers
Most employers have a policy for updating their employees' names. Usually, you will need to update your name with the SSA first before updating your name with your employer.
United States Postal Service
The United States Postal Service does not have a name change form, but with their address change process, you can change your name. There is a small fee if you process it online. However, if you print out the form and deliver it to your local post office, you can avoid paying the fee.
If you opt for an online change, the best way to do it is with a credit card that has your changed name. If in person, it is recommended you bring your divorce decree or name change order.
Consider also notifying your family, friends, employers, library, health care providers, landlord or tenants, mortgage companies, utility companies, insurance companies, creditors and debtors, state and local taxing authorities, registrar of voters, public benefits agencies, Veterans Administration, and any other institution or agency that you have regular contact with.
Go here for a list of potential "other" parties you should notify.
What's after divorce?
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