Changing your Name after a Divorce in Memphis, Tennessee
Adults living in Tennessee are permitted to use any name they wish without going to court, unless they defraud someone by doing so. This is true regardless of the adult’s marital status or gender. If a person uses a name other than the one the person was given at birth or took upon marriage, however, it will not be the person’s formal legal name.
A Married Woman’s Name
A woman who marries may accept the last name of her husband or may keep her prior name, whichever she prefers. Either name she selects and uses automatically will become her legal name. A married woman is entitled to obtain a credit card and other business accounts in the legal name she selects and uses. No business or agency in Tennessee should refuse to provide services to a woman because she chooses to use her former name instead of her husband’s last name.
A woman who has chosen to use her husband’s last name but who later receives a divorce, annulment, or dissolution may request that the court officially restore her former name. The court usually will grant such a request. A woman who receives a divorce or remarries may not change the legal name of the children, however, without filing a separate petition in court to do so.
Following the procedure provided by Tennessee law to petition a court for a change of name creates a legal record of a name change. This may benefit people who choose a name other than the name they were given at birth, if they must prove their name. For example, a legal record of a name change would help those who wish to obtain passports in their adopted names.
After your divorce we can assist you in filing a petition for change of name with the appropriate court in Shelby County. We utilize a clear and concise questionaire that helps us collect all the information needed to complete the petition. The petition generally will include such information as your place of birth, current name and address, proposed new name, reason for wanting to change names, and the names and addresses of your parents or nearest living relatives. After filing and court fees are paid, a hearing will be scheduled by the court for the proposed name change. You and any other persons who support or oppose the name change may appear at the hearing. The court normally will approve a petition for a name change after a divorce. Unless there is evidence that the change is intended to defraud someone, to interfere with the rights of others, or to avoid criminal prosecution.
When the court approves your petition, it issues a judicial decree changing your name. To complete the change, you should send a certified copy of the decree to the agency where your birth certificate is recorded. If you were born in Tennessee, the agency is the Tennessee Department of Health, Bureau of Vital Statistics.
Source of post: TBA Link - Law Bytes
