Skip to main content

I Just Got Divorced, How Do I Change My Name?

While there is a separate Petition for Change of Name in the Probate and Family Court, you can also change your name pursuant to a divorce judgment if your name change happens to be due to a divorce. There is a $150 filing fee plus a $15 surcharge for filing of a Petition for Change of Name. Technically there is only a $100 fee for changing your name pursuant to a Divorce Action, but this fee is seldom enforced.

If you are not sure if you want to resume a former name during a divorce you may still change your name later by filing a Petition for Change of Name with the court, starting a new court case specifically for that purpose.

Whether you change your name pursuant to a divorce case or pursuant to a Petition for Change of Name, there are some important logistics that you should be aware to record the name change with various agencies and organizations.

The court will not contact the Social Security Administration on its own. You will need to obtain a certified copy of your divorce decree (discussed further below), fill out and submit Form SS-5, and mail them both to your nearest social security office. The Internal Revenue Service will be notified automatically by the Social Security Administration concerning your name change.

You will need to go to the Registry of Motor Vehicles in person to have your license and registration changed.

To obtain a new passport, you will have to fill out a different form depending on the status of your current passport:
• If your passport is valid, you have had it for more than one year, and you were over age 16 when it was issued to you, fill out Form DS-82 and follow the directions for submittal. You will need a certified copy of your divorce decree for this form.
• If your passport is valid, you have had it for less than one year, fill out Form DS-5504 and follow the directions for submittal. You will need a certified copy of your divorce decree for this form.
• If you do not have a valid passport, you will need to fill out Form DS-11. You will need a certified copy of your divorce decree for this form. Additionally, you will need to submit this documentation at an Acceptance Facility or a Passport Agency, and not by mail.

To change your name on the voter registration rolls, you can go to the town hall, or some websites such as www.RockTheVote.com allow for name change submission.  You may also be able to do this at the RMV when you update your license.

You might also want to change your name at the Post Office. You can do this in person, or online.

Finally, regarding actually obtaining a divorce decree, the court does not automatically send you a copy of your official absolute divorce decree (the final decree that becomes available 90 days after the issuance of the Judgment of Divorce Nisi). You can obtain a copy by mail or in person at the court. The fee for a certified copy of the divorce decree is $20, plus $1 for each page except for the first. You can call the court and ask how many pages it will be, and mail in the appropriate payment.

Comments

Popular posts from this blog

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...

Updating your Divorce Agreement Template - More Lessons from Cavanagh v. Cavanagh

We recently posted a lengthy review of the the Massachusetts SJC decision in Cavanagh v. Cavanagh (2002)  which included some recommendations for drafting divorce agreements, also typically called Separation Agreements.  The Cavanagh case is best known for it's clarification of how the courts should evaluate support calculations when a case may have both alimony and child support.  However, the case also contained numerous rulings that should make practitioners review their Separation Agreement templates and change some of the ways in which they may have previously drafted certain sections. In this post we'll share actual language from the Gray Jay Endeavors, LLC form Separation Agreement template which addresses each of the issues raised by the Cavanagh decision.  If you are a professional interested in purchasing the full Separation Agreement template, check out Gray Jay's  forms subscription which includes editable Massachusetts court forms and financial st...

Co-Parenting Coordinator Agreements - What They Can Do and How to Draft Them

Photo by Marcelo Silva on Unsplash Conflict between parents negatively affects children but for some parents it's hard to avoid conflict when separating or divorcing.  Loss, grief, and anger all make it difficult to co-parent and some parents need help overcoming those barriers. One of the professionals that can help parents reduce conflict by assisting them in making the necessary co-parenting decisions is a Co-Parenting Coordinator.  The duties of a Co-Parenting Coordinator can vary but often include assisting parents with decision making around: changes or clarifications of the existing parenting plan; exchanges of the child or children including date, time, place, means of and responsibilities for transportation; education or daycare including school choice, tutoring, summer school, before and after school care, participation in special education testing and programs, or other educational decisions; enrichment and extracurricular activities including camps and jobs; the c...