Following a separation or divorce, if a spouse previously chose to take the last name of the other, a divorcee may choose to keep the last name. This is often the circumstance if someone was married for an extended period of time and changing back to a maiden name can be a hassle. However, if one does choose to keep their married name following a divorce, there may come a time where they would like to chose to change back to their maiden name or another name. This article will explore options for doing so and answer the question “Is there a time limit to change name after divorce in Illinois?”
TIME LIMIT ON CHANGING YOUR NAME
Despite what you may think, there is absolutely no time limit on changing your last name following a divorce. There is no limit in general on changing your name to whatever you would like. You can change your name during your divorce, directly after, ten years after, it does not matter. It is completely up to you when and how you would like to go about doing so.
CONSIDERATIONS IN CHANGING YOUR NAME
While there is no time limit to change name after divorce, there are some considerations you may want to keep in mind. These considerations are as follows:
Divorce Proceedings: During the divorce proceedings, you can include the name change as part of the divorce decree. This can make the process more streamlined, as the court can handle both matters simultaneously. If you are representing yourself, check out this article for more help: “How to Represent Yourself in Family Court in Illinois.”
Personal Preference: Consider whether you want to revert to your maiden name or choose a completely new last name. This is a personal decision, and you should choose a name that feels right for you. Often people go back to their maiden name, but you can choose any name as long as it’s approved by the court.
Legal Process: The process of changing your last name after a divorce can vary depending on your jurisdiction. If you wait until after the divorce, you might need to go through a separate legal name change process, which could involve additional paperwork, time, and fees. To learn more about jurisdiction check out our article titled “How to Change Jurisdiction for Child Custody in Illinois.”
Emotional Impact: Changing your last name can have emotional implications, so it’s essential to take the time to consider the reasons behind your decision and how it may affect you and your family. This is especially important if you have young children.
Practical Considerations: Think about how a name change might impact your professional life, identification documents, bank accounts, and other legal matters. A name change might require you to update information on many different documents such as those listed above.
If you are looking to change your name, you can find forms online at your local county clerk’s website. If you are in Illinois, you can find these forms here.
WHY SHOULD I CHANGE MY NAME DURING THE DIVORCE PROCESS
Although it may seem easier to hold off on changing your last name following a divorce, especially if you were married for an extended period of time, it would actually be less of a hassle to get it done during the divorce proceedings. There is less paperwork to deal with due to it being a common part of the divorce decree. You may also pay less changing it during proceedings as opposed to paying extra fees later on for simply changing your name.
Conclusion: Is There a Time Limit to Change Name after Divorce in Illinois?
There is no time limit to change your name after divorce in Illinois. While it may be easier for you to change your name during divorce proceedings, it is possible to change your name at any time before, after, or during your divorce. Changing your name can have significant impacts on your personal or professional life so it is important to keep these considerations in mind. There are not many restrictions on what you can change your name to. If you have questions about this issue, it is always helpful to contact a local family law attorney to ask.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (Is There a Time Limit to Change Name after Divorce in Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information to answer the question Is There a Time Limit to Change Name after Divorce in Illinois?
Published by Dustin Koth on March 6, 2024
