Divorce is a legal affair that marks the end of a marriage. Post-divorce, a woman can decide if she wants to keep her husband’s surname or change it. This article explains everything about a name change after divorce.
After a divorce, a woman has the option of changing her name to her former surname, just as she has the right to retain her ex-husband’s name. Some women prefer to keep their ex-husband’s surname to share the same name as their children, while others choose to move on by changing their name. If you are considering a name change after divorce, there are various options available to you.
If You are on the Path to Divorce
If your divorce is still not finalised, the best option is to get your name changed during the divorce proceedings itself. You can request a legal name change in the divorce paperwork or even include it in your marital settlement agreement. If the judge approves your legal Online Name Change by signing the final divorce order, your new name will appear in the divorce decree or order.
If Your Divorce Has Already Been Finalised
If your divorce decree had no mention of restoring to your former name, you will have to apply for a name change through a gazette publication. Though informally you would start using your maiden name again, the law requires you to change the name through a legal procedure which includes the following three steps:
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Getting an Affidavit
- You will have to visit a nearby notary office and create an affidavit stating the existing name, the proposed name, current address, and the reason for a name change.
- This affidavit has to be printed on a stamp paper of value as mentioned by the local notary and signed by two witnesses. The procedure requires the legal signature of two persons of gazetted officer’s rank, along with a rubber stamp
- You must save a copy of the affidavit for any future legal formalities.
- If you are residing in a foreign you can get a deed mentioning the details of your name change and get it signed by the Indian Embassy or the Indian High Commission Office.
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Advertise in Newspapers
- You will then have to publish the declaration of your name change as an advertisement in any two local newspapers. One should be in a local language and the other in the English language.
- You can approach any newspaper agency to advise you on the format, as they have a whole section dedicated to such advertisements.
- Once published make sure you can save as many as original copies of the advertisements for future use. You might also want to save scanned copies of the advertisement.
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Publication in the Gazette
- A gazette notification is substantial proof of a name change.
- You will have to submit the following documents for the gazette notification.
- ‘Deed Changing Name Form’ which is available with the Controller of Publication, or a letter stating the need for the name change
- True copies of the newspaper advertisements
- Two attested photographs
- ID and address proofs with the address same as the one in the newspaper advertisement and affidavit
- You can speed post the documents to the Controller of Publication, Department of Publication, Civil Lines, Delhi – 110054.
- On successful verification, your name change will be published in the official gazette.
Why Approach Vakilsearch?
Name change after divorce can be a complex and tiring process. You can either do it on your own or seek professional assistance from Vakilsearch . Our experts can handle the entire process online, from drafting the affidavit to notifying you of Gazette publication. With Vakilsearch’s services, you can conveniently change your legal name from the comfort of your home.
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