Can I change my name during divorce?
One of the most common questions during divorce proceedings in Snohomish County is whether you can change your name back to your maiden name or choose a different name entirely. The good news is that Washington law makes name changes during divorce straightforward and cost-effective. Understanding the process, timing, and implications of changing your name during divorce can help you make informed decisions about your identity as you transition to post-divorce life in King and Snohomish Counties.
Washington Law on Name Changes in Divorce
Washington law specifically allows individuals to request a name change as part of their divorce proceedings. This process is simpler and less expensive than filing a separate name change petition after the divorce is finalized.
Legal Authority
RCW 26.09.150: Washington's dissolution statute explicitly permits name changes as part of divorce decrees.
Court Discretion: While courts have discretion over name change requests, they are routinely granted when properly requested.
No Additional Fees: Name changes requested during divorce don't require separate filing fees beyond the divorce petition costs.
Who Can Request a Name Change
Either Spouse: Both the petitioner (person filing for divorce) and the respondent can request name changes.
No Consent Required: You don't need your spouse's permission to change your name during divorce.
Independent Right: Your right to change your name is independent of other divorce issues like property division or spousal support.
- Request it in your divorce
- The judge includes it in the final decree
- No separate petition and no extra fee
- A name unrelated to a former name generally needs its own name-change petition
- May involve extra steps such as notice
Name Change Options During Divorce
Returning to Maiden Name
Most Common Choice: Many people choose to resume their pre-marriage surname.
Simple Process: Courts readily approve requests to return to maiden names.
Identity Restoration: Returning to your maiden name can symbolize reclaiming your pre-marriage identity.
Choosing a Different Name
Any Legal Name: Washington law allows you to choose any name, not just your maiden name.
Previous Names: You can resume any name you've legally used before, including names from previous marriages.
New Names: You can even choose a completely new name, though this is less common and may receive more scrutiny.
Keeping Your Married Name
No Obligation to Change: You're not required to change your name during or after divorce.
Professional Reasons: Many people keep married names for professional continuity or business recognition.
Children's Names: Parents often keep married names to match their children's surnames.
The Name Change Process
Including Name Change in Divorce Petition
Initial Filing: The petitioner can request a name change in the original divorce petition.
Specific Request: The petition must specifically state the desired name change.
Clear Language: Use clear language such as "Petitioner requests restoration of maiden name [full name]" or "Petitioner requests name change to [full name]."
Requesting Name Change in Response
Respondent's Option: The responding spouse can request a name change in their response to the divorce petition.
Same Requirements: The response must clearly state the desired name change.
Independent Request: The respondent's name change request is independent of the petitioner's request.
Adding Name Change Later
Amendment Option: If you didn't request a name change initially, you can amend your petition or response to add the request.
Before Final Decree: Name change requests must be made before the final divorce decree is entered.
Court Approval: Amendments may require court approval, especially if the divorce is contested.
Name Change in Final Divorce Decree
Decree Language
Specific Provision: The final divorce decree must include specific language granting the name change.
Example Language: "The Court orders that [current name] shall hereafter be known as [new name]."
Legal Effect: Once the decree is entered, the name change is legally effective.
Certified Copies
Official Documentation: Obtain certified copies of your divorce decree showing the name change.
Multiple Copies: Get several certified copies, as you'll need them for various agencies and institutions.
King County: Certified copies can be obtained from Snohomish County Superior Court Records.
Snohomish County: Certified copies are available from Snohomish County Superior Court Records.
Updating Documents After Name Change
After your divorce decree with name change is finalized, you'll need to update numerous documents and records.
Government Documents
Social Security Administration:
- Update your Social Security card first, as other agencies require this
- Visit a Social Security office with your divorce decree and identification
- No fee for Social Security card updates
- Allow 2-3 weeks for processing
Driver's License and ID:
- Update your Washington driver's license or state ID
- Visit a Department of Licensing office with divorce decree and current ID
- Fees apply for replacement licenses
- King County has multiple DOL locations
- Snohomish County residents can visit Everett or other local DOL offices
Passport:
- Update your U.S. passport if you have one
- Submit application with divorce decree and current passport
- Fees vary depending on passport validity
- Allow 6-8 weeks for processing (expedited service available)
Financial Institutions
Banks and Credit Unions:
- Update all bank accounts, credit cards, and loans
- Provide certified copy of divorce decree
- Update signature cards and account documentation
- Consider opening new accounts in your new name
Investment Accounts:
- Update brokerage accounts, retirement accounts, and investment portfolios
- Notify account custodians of name change
- Update beneficiary designations
Credit Reporting:
- Notify all three credit bureaus (Equifax, Experian, TransUnion)
- Ensure credit history follows your new name
- Monitor credit reports for accuracy
Employment and Benefits
Employer Records:
- Update HR records with your employer
- Change payroll information
- Update health insurance and other benefits
- Modify retirement plan beneficiaries
Professional Licenses:
- Update professional licenses and certifications
- Notify professional organizations and associations
- Update business cards and professional materials
Property and Legal Documents
Real Estate:
- Update property deeds if you own real estate
- Notify mortgage companies
- Update property tax records
- Change homeowner's insurance policies
Vehicle Registration:
- Update vehicle titles and registrations
- Change auto insurance policies
- Update vehicle loan documentation
Legal Documents:
- Update wills and estate planning documents
- Revise powers of attorney
- Update healthcare directives
- Modify trust documents if applicable
Special Considerations
Children and Name Changes
Parent's Name Change: Your name change doesn't automatically change your children's names.
Different Surnames: Many parents and children have different surnames without legal issues.
School Records: Update school records to reflect your new name for emergency contacts and communications.
Medical Records: Ensure healthcare providers have your current name for children's medical care.
Professional Considerations
Business Continuity: Consider how a name change affects professional relationships and business recognition.
Published Work: Authors, researchers, and professionals with published work may want to maintain name continuity.
Professional Reputation: Established professionals may choose to keep married names to maintain professional identity.
Transition Strategies: Some professionals use both names during a transition period (e.g., "Jane Smith, formerly Jane Doe").
Digital Identity
Email Accounts: Update or create new email addresses with your new name.
Social Media: Change names on social media platforms like Facebook, LinkedIn, and Instagram.
Online Accounts: Update names on shopping accounts, subscriptions, and online services.
Domain Names: Consider purchasing domain names with your new name for professional purposes.
Timing Considerations
During Divorce Proceedings
90-Day Waiting Period: Name changes take effect when the final divorce decree is entered, which cannot be before Washington's 90-day waiting period expires.
Early Planning: Decide on name changes early in the divorce process to include in initial filings.
No Immediate Change: You cannot legally use your new name until the divorce decree is finalized.
After Divorce is Final
Separate Petition Required: If you didn't request a name change during divorce, you must file a separate name change petition later.
Additional Costs: Separate name change petitions require filing fees (approximately $150-$200) and publication costs.
More Complex Process: Post-divorce name changes involve additional steps including background checks and publication requirements.
Reasons to Change or Keep Your Name
Reasons to Change Your Name
Personal Identity: Reclaiming your pre-marriage identity and sense of self.
Fresh Start: Symbolizing a new chapter in your life.
Family Connection: Reconnecting with your birth family name.
Simplification: Avoiding confusion about marital status.
Reasons to Keep Your Married Name
Children's Names: Maintaining the same surname as your children.
Professional Identity: Preserving established professional reputation and recognition.
Convenience: Avoiding the hassle of updating numerous documents and accounts.
Personal Preference: Simply preferring your married name regardless of divorce.
Legal Restrictions on Name Changes
Prohibited Name Changes
Fraudulent Intent: Courts will deny name changes intended to defraud creditors or avoid legal obligations.
Criminal History: Name changes to evade criminal prosecution or hide criminal records are prohibited.
Offensive Names: Courts may deny requests for names that are offensive or inappropriate.
Confusing Names: Names that could cause confusion or harm may be rejected.
Court Discretion
Best Interests: Courts consider whether the name change serves legitimate purposes.
Public Interest: Name changes must not harm public interest or other individuals.
Explanation Required: Unusual name change requests may require explanation to the court.
Property Division and Name Changes
Name changes don't affect property division in divorce, but coordination may be necessary.
Property Transfers
Timing Coordination: Consider whether to transfer property before or after name change takes effect.
Title Issues: Property titles may need to reflect both old and new names during transition.
Documentation: Keep clear records connecting your old and new names for property transactions.
Spousal Support and Name Changes
Name changes don't affect spousal support obligations or entitlements.
Support Continues: Spousal support obligations continue regardless of name changes.
Payment Documentation: Ensure support payments are properly documented under your new name.
Tax Implications: Name changes don't affect the tax treatment of spousal support.
King and Snohomish County Procedures
King County
Filing Location: Name change requests are included in divorce petitions filed with Snohomish County Superior Court.
Certified Copies: Obtain certified copies from the King County Courthouse in Seattle or regional justice centers.
Processing Time: Allow time for court processing and obtaining certified copies.
Snohomish County
Filing Location: Name change requests are included in divorce petitions filed with Snohomish County Superior Court in Everett.
Certified Copies: Obtain certified copies from the Snohomish County Courthouse.
Local Procedures: Follow Snohomish County's specific procedures for obtaining certified copies.
Working with Legal Professionals
While name changes during divorce are straightforward, legal guidance ensures proper procedures are followed.
Attorney Assistance
Proper Documentation: Attorneys ensure name change requests are properly included in divorce documents.
Decree Language: Lawyers draft appropriate language for the final decree.
Certified Copies: Legal counsel can help obtain necessary certified copies.
DIY Considerations
Simple Process: Name changes during divorce are simple enough for self-representation in uncontested cases.
Clear Requests: Ensure your petition or response clearly states your name change request.
Follow-Up: Verify that the final decree includes your name change before it's entered.
Changing your name during divorce proceedings in Snohomish County is a straightforward process that can be accomplished without additional fees or complicated procedures. Whether you choose to return to your maiden name, select a different name, or keep your married name, understanding the process and implications helps you make the best decision for your post-divorce identity.
If you're considering a name change during your divorce in King or Snohomish County, contact the Law Office of Chad Foster for guidance. We can ensure your name change request is properly included in your divorce proceedings and help you navigate the transition to your new identity.
Need help with a divorce or family law matter in King or Snohomish County? Learn about our divorce, custody, and support services, or call 425.785.8679 for a consultation.