Change of Name in Divorce

In Texas, if a party wishes to change their name to a name they previous used as part of the divorce the Judge must grant it, with a few exceptions. Yesterday I was asked what it would cost to change a person’s name from their married name to their maiden name. I was confused as to why she did not do it as part of the divorce because changing your name as part of the divorce costs no extra money.

The Texas Family Code states that a person who requests a name change to a prior used name shall be granted by the Court unless a specific reason for denying the name change is listed in the decree. The code further states that the Court cannot refuse to grant the name change solely to keep the family members names the same.

Putting the request in a Petition for divorce does not increase the cost of the divorce, nor does the adding the request to the Final Decree of Divorce. If you think you might want to have a name change as part of your divorce, consider doing so. It will save you money further down the road if you decide you want to change your name.

If you later decide to change your name not only do you have to file a Petition to Change Name, you are also subject to a background check and a Judge deciding whether it is in your best interest to grant the name change. All of this will cost more with an attorney to guide you through the process, whereas you would pay nothing extra to change your name as part of a divorce.