Things To Know About Name Change After Divorce<!- author name and link for post -->
Don’t like your surname after divorce? Change it using LegalDesk.com in a Quick, Hassle-free way.
A divorce is a dissolution in marriage that divides the marital union between a couple. A divorce can be an unsettling affair between a couple. Some women prefer to change their surnames while others prefer not to, to avoid complications in their children’s names. in legal documents.
Changing your name after divorce can mean a new start to your life. When you are changing your name, you can opt to keep your maiden name or change your whole name. As long as you possess the right legal documents and understand the name change process in India, the procedure is simple.
Name Change can be done in two ways namely by Court Decree and Gazette Publication.
Name Change Through Court Decree After Divorce
- In order to get your name changed by an order of the court in India, you will have to file a declaration that you will henceforth be known as ‘B’ (new name) from the date of the passing of the said decree and that your name in certificates be also read as ‘B’
- Next, the court will order for the publication of a notice in two news papers (One Regional & One English Daily), thereby giving a notice to the public that you have filed a suit for changing your name from ‘A’ to ‘B’
- The court will then invite objections from the general public to file their objections, if any, in respect of the said name change.
- If anyone has any objection he/she shall file for objections in the said court.
- If no objection comes before the court within the specified time period, then you will have to provide substantial evidence to the court in order to support your claim.
- Your evidence must read in the form of a statement made before court that your name is ‘A’ and you want to change your name to ‘B’
- You will have to submit documentary evidence to prove that your name is ‘A’ and in support of the same, you should produce your birth certificate and other documents wherein your present name is written. In your statement in evidence you must state that your name mentioned in the said documents should be read as……..(new name) in place of the name mentioned.
- Produce all said original documents before the court and hold photo copies of the same as proof.
- Your second witness in evidence should be either your father/ in his absence your mother. They should give their evidence to the effect that you are their son. Their statements should support your tendered evidence. However, this is not mandatory.
- On your evidence has been provide, the court will order your suit stating that you have changed your name from ‘A’ To ‘B’ and that henceforth you shall be known by the name of ‘B’
All of the above steps involve a lot of time and money. In this fast developing world, the question as to how will one make time to go through this hefty process, and how long will such procedures take to get a name change.
However, there is a solution to such a problem. You can opt for a name change through Gazette publication and bid good bye to a hard time consuming way of getting a name change done. The Gazette publication method is faster, easy and legally binding. By just following 3 simple steps, you can get a name change done in a quick hassle-free manner.
Name Change Through Gazette Publication After Divorce
LegalDesk serves your legal requirements in a faster and easy manner by minimising the process of traditionally changing your name. Our 3 easy step formula of changing your maiden name to whatever you prefer will ensure faster and hassle-free way getting your name changed.
The first step towards changing your name is to make an affidavit of change of name. You have to mention the specific reason for which you preferred changing your name. In case you are only looking to correct the spelling of your name, then you should make an Affidavit of Name Correction or One and the Same Person Affidavit (if it’s to declare that you have two or more names)
The next step is to publish a notification or advertisement of name change in a local newspaper (one English newspaper and one regional newspaper published in the official language of the State).
The final step ends with the Gazette publication. Gazette publication for name change is mandated for Government employees. However, it is recommended for everyone since it serves as a substantial proof of claim.
Can You Change Your Child’s Name After Divorce?
Yes, you can change your child’s name after attaining a divorce.
You can change your child’s surname without your husband’s consent. But, this may not be possible if your husband gets a restraining order for such a change. Once your child’s name is changed, make sure you also change it on other important documents like, Aadhaar, Pan Card, Voter ID, Passport, Driving Licence, Bank Documents, Insurance, Loans, etc,.
Documents Needed For Name Change After Divorce
These documents are considered mandatory for both minors and adults in terms of getting a Name Change in gazette. The documents include:
- Letter of application and Profoma as prescribed by the gazette
- Affidavit of name change
- ID Proof of Individual: Pan card or Passport or Driving Licence or Aadhar Card or Voters ID.
- Photograph: One passport size photo
- Newspaper publication copy
- Optional: Marriage certificate (To prove marriage had already existed), Affidavit (In case of any child adoption, an affidavit works well), Divorce papers (In case of applying for Divorce)
Important Note: It is not mandatory to update your new name on your educational documents.
Need To Change Your Name?
Earlier, getting a name change done in India involved a lot of paperwork and was time consuming. Currently, LegalDesk.com has a new legal method of doing it in a quick, tension-free way. We offer a Do-It-Yourself option that enables you to create any legal document all by yourself in just a few clicks. Come join us in our quest to digitise India.
Our Support team will help you with the process involved in name change that requires an affidavit, placing newspaper announcements and providing other documents necessary for Gazette notification.
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