If you’re wondering how to change your last name after divorce in Texas, the good news is that you may not need to file a separate petition. Texas law allows you to request a name change during the divorce process itself. If the court approves the request, your new (or former) name will be reflected in the final divorce decree.
This process is straightforward in many cases, but there are a few steps and legal details to keep in mind. The Frisco divorce attorneys at Albin Oldner Law help people across North Texas understand and navigate these issues with clarity.
Can I change my name during the divorce process?
Yes. Under Texas Family Code § 45.105, a judge can include a name change in the final divorce decree. You may request to return to a prior legal name, like your maiden name, but you can’t choose a completely new name without going through a separate legal name change process.
You don’t need to fill out a separate form to request a name change during your divorce. If you’re the one filing, you can include the request in your original divorce petition. If your spouse filed, you can add your request in your response or waiver of service.
What if I didn’t request a name change during the divorce?
If your divorce is already finalized and your decree doesn’t include a name change, you’ll need to file a separate petition for an adult name change under Texas law. This process usually requires submitting identification documents and appearing in court to explain why you want the change.
Keep in mind that if you are a registered sex offender, there may be additional legal hurdles to overcome before a judge approves any name change request.
Do I have to use the divorce decree to prove my new name?
Not necessarily. If you don’t want to show your full divorce decree, which may contain personal or financial information, you can request a name change certificate instead. The clerk’s office can provide this document under Texas Family Code § 45.106, and it serves as official proof of your new name. This certificate is often useful when updating official records without disclosing sensitive details from your divorce.
What documents do I need to update after a name change?
Once your name change is legally granted, you’ll need to update several key documents. These may include, but are not limited to:
- Your driver’s license (Texas Department of Public Safety)
- Your Social Security card (Social Security Administration)
- Your birth certificate (in some cases)
- Bank accounts and credit cards
- Property titles, vehicle registrations, and insurance records
Each agency has its own requirements, so it’s helpful to bring a certified copy of your name change decree or certificate when updating your records.
Can I change my child’s last name during the divorce?
No. A parent can’t unilaterally change a child’s name during a divorce unless the court approves the change based on the child’s best interests. Even if one parent is named the managing conservator, name changes for children must go through a separate legal process that requires a specific court order.
If you’re considering this type of change, it’s best to speak with a family law attorney to review your options and understand what Texas courts may allow.
Why do some people choose to change their name after divorce?
There are personal and practical reasons someone may want to return to a previous name after divorce. These might include:
- Wanting to reclaim a sense of identity or independence
- Matching your children’s last name, especially in co-parenting situations
- The desire to avoid creditors or stop receiving mail in a former spouse’s last name (note: name change alone does not eliminate debts)
While the decision is personal, the legal process in Texas is relatively streamlined when handled during the divorce itself.
When should I speak with a divorce attorney?
If you’re going through a divorce and thinking about a name change, or have questions about how it may affect your documents or parental rights, it’s wise to speak with an experienced divorce attorney early in the process. Albin Oldner Law attorneys have been serving North Texas families for over 23 years. Our team is ready to provide thorough, honest guidance tailored to your situation. Call (214) 423-5100 or contact us online to schedule a confidential consultation.
