How to change name after divorce
Date : 27 Jul, 2023
Post By admin
Introduction
Changing your name refers to the process of altering name, it could be changing the initials or adding/ deleting a single letter, or changing one’s name completely. It is to be done in a systematic manner by following the procedural requirements. One can change name due to many reasons that can be religious, social, adoption, marriage, divorce, etc. In this article we will discuss the procedure of name change in case of divorce.
Changing name through Court Decree after Divorce: Method 1
1. If you wish to change your name through an order of a Court, then for the same you have to file a declaration mentioning your new name from the date of the passing of the said decree by the court. The new name could be the one where you remove your surname or add your parents surname or you wish to mention just your name.
2. The next step would be that the Court having the jurisdiction will order for the publication of a notice in two newspapers one would be a regional newspaper and another one will be an English Daily, thereby giving a notice to the public that you have filed a suit for changing your name from ‘X’ to ‘Y’.
3. The objections from the general public will be then invited asking to file objection, if any, regarding the said name change.
4. Person having an objection may file the same before the said court.
5. In case no objection comes before the court within the specified time period, then you need to provide substantial evidence to the court supporting your claim.
6. The evidence must read in the form of a statement made before the court that your previous name is ‘X’ and you want to change it to ‘Y’. The statement should be clear and there should not be any ambiguity.
7. You need to submit documentary evidence proving that your name is ‘X’ and to support it, you must produce birth certificate and other relevant documents wherein your present name is written. In the statement made as evidence you must mention that your name contained in the said documents should be read as ‘Y’ your new name in place of the name mentioned i.e. ‘X’ your previous name.
8. The original documents must be produced before the court and you must keep photo copies of the said documents as proof.
9. The second witness in evidence may either be your father or your mother. They need to mention before the court that you are their son or daughter. Their statements should support your tendered evidence, although this is not a mandate.
10. After the evidence has been provided, the court shall pass an order at your suit mentioning that you have changed your name from ‘X’ to ‘Y’ and that henceforth you will be known with your new name i.e. ‘Y’ and ‘X’ is not your name anymore.
Name Change through publication in Gazette: Method 2
This is a speedy manner in which you can change your name. Get your name published in the official gazette and say good bye to the time consuming process of doing it offline. The publication of name in the gazette is a faster method, it is easy and has a legally binding effect. You need to follow three easy steps and you name will be change to the new name of your choice.
Change of Name through Gazette Publication after Divorce
Three simple steps are mentioned below in which you can change your name fast and it is a hassle free process.
☑️ Affidavit
The very first step is to prepare an affidavit to change your name. You must mention a specific reason for which are willing to change your name. If you are looking to correct the spelling of your name, then the affidavit must be prepared mentioning that you need to correct your name or that you want to add an alphabet to your name. The affidavit must be notarized through notary public.
☑️ Newspaper Publication
Another step is to get the notification published in the newspaper pertaining to your intention to change your name. It must be published in two newspapers i.e. one local newspaper and another one is English daily newspaper.
☑️ Gazette Publication
The last and final step is the Gazette publication. It is a mandate for Government employees to get their name change published in the gazette. But it is recommended to everyone since as it serves a substantial proof of claim.
FAQs
Q1: I want to change my child’s name after my divorce, can I do so?
Ans: Yes, you can change your child’s name after attaining a divorce.
Q2: Do I need my husband’s consent to change my child’s name after my divorce?
Ans: Ans: You can change your child’s surname without your husband’s consent.
Q3: After changing my child’s name, what all documents should I update with his new name?
Ans: Once your child’s name is changed, you must ensure that the new name of the child is updated in his documents and ID proof including, Aadhaar card, Pan Card, Voter card, Passport, Bank Documents, Driving Licence, Loans, Insurance, etc.
Q4: What documents for publication of name change in gazette are required?
Ans: The documents include:
☑️ Letter of application and profoma as prescribed by the gazette
☑️ Affidavit of name change
☑️ Pan Card or Passport or Driving Licence or Aadhar Card or Voters ID.
☑️ One passport size photo
☑️ Newspaper name change publication copy
☑️ Divorce papers (In case of applying for Divorce)
Q5: Is it mandatory to update name change in my educational documents?
Ans: No, there is no such mandate. However, you must update all your ID proofs with your new name to maintain authenticity as you cannot use your old name in your ID proofs.
This article was written by Shivangi Dubey, an extremely established lawyer. Shivangi Dubey holds a BSL-LLB degree from ILS Pune & also is a gold medalist in LLM-Business laws from Amity University. With 12 years of experience in the law domain, she has established herself as an expert in her field. Presently, Shivangi works as an Advocate at the Directorate of Enforcement (ED), Government of India. Her expertise as well as insights have considerably added to the content of this article.
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