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Many people wish to change their last name from their married name back to their maiden name after a New Jersey divorce.
The first and easiest way to resume the use of your maiden name is to include your request to do so in your initial divorce complaint, or, if your spouse is the person who filed for divorce, in your counterclaim.
If you do not include the request to resume the use of your maiden name in your complaint or counterclaim, you can amend the complaint or counterclaim to include it.
You are permitted to start using your maiden name in your personal life at any time before the final judgment of divorce is entered by the New Jersey family court. Sometimes after divorce, custodial parents wish to change the child’s last name as well. The information provided by this website is for informational purposes only,and should not be considered legal advice or a substitute for competent legal counsel.
Please also note: No aspect of advertisements provided by Best Lawyers, Best Law Firms, Best Lawyers in America, New Jersey Super Lawyers, Martindale-Hubbell, Martindale-Hubbell Bar Register of Preeminent Lawyers, Avvo, 10 Leaders, or any other accolade listed (except for the NJ Matrimonial Lawyer Certification) have been approved by the Supreme Court of New Jersey.
An important decision to make post-divorce is whether to keep your name of regain your maiden name. Some women wish to retain their ex-spouses name for the sake of their children, which is understandable given the confusion it might bring about at school with teachers and other students.
If you are in a profession that relies heavily on your reputation it might be a good idea to keep your name if you want people to recognize your name.
Many women will get divorced and retain their married name simply because they have become comfortable using it for many years. This entry was posted in Divorce Tips and tagged divorce, legal name change, maiden name, name change, reasons to change name, spouse name on June 6, 2013 by Daily Legal Reader. Question: I have a question regarding Muslims changing their entire name after coming into the faith of Islam. Islam does not consider it an obligation for any new convert to Islam whose mother tongue is not Arabic to change it to an Arabic name or other language. Assallamu Alaikum, I became Muslim in June 2011, and just wanted to know that even if it is not mandated to change your name, can you do this as a symbol of such a total life change? As a convert of 10+ years myself, I can tell you that part of the conversion process is the eventually recognition that you are the same person that you were before and that Islam is a natural part of life. When I converted to Islam, I did not embrace Arabism, neither did I reject my parents, close friends nor the teachers and other adults in the community who helped raise me and make me who I am. The Lamppost Education Initiative (LEI) offers expert analysis of current events which impact Muslims in the West as well as offerings in the classical Islamic disciplines in written, published, and audio-visual formats. Join nearly ONE MILLION people who have used to help them through the name-change process. For your name change after marriage or divorce, you should start at our Marriage Name Change or Divorce Name Change pages.
If you are changing your name or a minor’s name for any other reason, you should get started at our Legal Name Change page. Once you have your legal name change document, you then have to go through the name change notification process. (the Site) is for informational purposes only and should not be considered legal advice. Since a divorced woman is not required to make a name change when her marital status changes, she may choose to keep the same last name she had during her marriage after it ends. For some women, ending their marriage means no longer having tangible reminders of the time they were married to their spouse. If a woman decides that a name change after divorce is what she wants, there are specific procedures she will have to follow to make it official. In most parts of the United States, a woman can request that the name change from married name to a former one be dealt with in the divorce decree. In some states, the divorce order can be modified after it has been signed to deal with the matter of changing the woman's name after divorce. More than likely, the woman's former husband would not have to be notified of the request, since granting her the right to use a different name doesn't materially affect the terms of the divorce.

The woman may be able to change her name on her identification and records without a court order if she has a birth certificate or passport in her maiden or birth name. If the woman has made a will, signed a living will or made a power of attorney, the name on these documents will likely need to be changed as well. If you want to resume the use of your maiden name after a New Jersey divorce, there are several ways to do so. You can also wait until the final hearing and request to resume the use of your maiden name at that point. However, government entities, for example the Department of Motor Vehicles, will still only recognize you with your married name and will only allow you to use your married name for purposes of their documents, for example the way your name appears on your driver’s license. However, if you wish to change your child’s name, the process is much different and much more difficult than changing your own last name. If the other parent does not consent, then the court, after the filing of the appropriate application, can make a finding that the name change is in the child’s best interests pursuant to an eleven factor test. You're getting divorced and, quite frankly, you are not sure what you want to do to or with your last name. With custody disputes, the division of assets, and the stress of finding a new living space you might forget about the process of getting your name changed. One invaluable piece of advice however is to make sure that your divorce decree gives you the option of changing your name back to your maiden name.
However, this should simply be a consideration and should not hinder you from changing you name back. If you feel that your community, friends, and co-workers know you by a certain name and you want to keep it that way there is nothing wrong with retaining your married name. There are many factors but really it comes down to how comfortable you in your present situation.
Even those that are second, third generation Muslims when their parents became Muslim they changed their last names. Rather, it is only highly recommended for one to do so when the meaning of one’s name is something offensive or overly presumptuous in sound, like one indicating that one is pure or the like.
Rather, their last names were connected to tribal affiliations or titles attaching them to certain tribal or regional sectors, like Qurashi, Khazraji, Makki, etc. I feel as though I want to share with everyone what for me is the most wonderful thing that happened to me. But I do think that there is something to converts adopting new identities as a way of breaking with our past. African-Americans, we have our own issues with names, but until we can be recognized as legitimate Muslims with names like Keith, Crystal and Michael, Islam is always going to be viewed as a foreign religion.
So with all due respect, I generally advise new converts not to change their names unless they fall within the above clarifications Ustadh Abdullah gave in the original answer. Our commitment is to establishing an authoritative voice for American Muslim scholarship reflective of the historical tradition and contextualizes Islam in light of the challenges and cultural particularities of Western societies as was the case in all societies where Islam spread historically. Share your experience with us, and don’t forget to tell your friends!
This is the process of notifying all of the appropriate governement and corporate agencies of your new name.
Whether you’re a newlywed seeking a name change after marriage, or if you are seeking a legal name change for any other reason. If there are children involved, she may want to avoid confusion that may result if her last name is different from that of her offspring.
If a woman feels very strongly that she wants to erase as many reminders of this time as possible, she may want to reassume her maiden name as she builds a new life for herself as a divorced person. Once the formal order has been handed down directing that the woman's name has been restored to her maiden name or her birth name, she will need to get certified copies of the document. To find out whether this can be done and the correct procedure, the woman should check with her lawyer's office or the court clerk in the county where the divorce was granted. It may be possible to file a motion for the matter to be dealt with very quickly by having the woman indicate what her "new" name will be and having the judge sign the paperwork.

She will need to start using the new name consistently and contact different agencies to ask what the procedure is to change her name on the official records. It's a good idea to check with an attorney to find out what is required to keep them in force. It is an option for women who decide they want to have a new name to go with their new marital status.
If you want to return to your maiden name, the simple way is to have the wording added to your final divorce decree. Generally, as long as you are not changing your name to commit fraud, for example to avoid creditors, the request will likely be granted. In order to use your maiden name with government entities, you will need to provide the government agency with the court order allowing the name change. Additionally, your ex-spouse cannot force you to change to your maiden name, nor can your ex-spouse prevent you from doing so. Additionally, it cannot be done during the divorce process in the same way that changing your own last name can. I understood that to change your first name is okay, but to change your last name is not permissible. During the Prophet Muhammad’s (saws) time, he changed the names of a number of women whose names were too pious sounding, like the name Barra (ultra-pious). This, I think stems from a number of things, but something that I suspect is unique to the contemporary Western mindset. To formally change her identification documents, she will need to submit a copy of the order with a form or letter of request. When I divorced they were young, still in school and I wanted to be identified with them through the same last name.
If this is done you can then use the court ordered divorce decree to have the name changed on your driver’s license, social security card and any other records you wish to change.  Have your final decree modified to include name change language.
I have two children whom now carry my last name now, and I am bothered that I may have made a mistake in giving them my last name.
I believe that we assume that there is something anit-Islamic about our past, when that simply is not the case. However if you are changing your name or a child’s name for any other reason, you need to obtain a legal name change document from the court. However we have broken it down and simplified it here, so you don’t have to waste your time navigating the system! Besides, these services weren’t going to stand in line for me at the DMV, or my local Social Security Office.
You will find all the name change information you need, including links to all the relevant name change forms and name change instructions right here.
I thought it would cut down on confusion for both my sons and school personnel.By the time they graduated from school I had built a career with a high profile and was associated by my ex-husband’s last name. The Companions, as Ustadh Abullah said, only changed their names when they implied something pretentious or idolatrous. The Site does not claim responsibility for the accuracy of the information displayed herein.
I don’t particularly like the idea of carrying his last name with me throughout the remainder of my life but, it is what it is and I’ve adjusted.I do regret not making the change at the time of the divorce and want to urge those who are considering waiting until their children are older to think long and hard about the decision. This same trend can be detected in the European and other traditions (although I plan to exhaust more research on the matter) such that last names that are familiar today originate in some sort of occupation, tribal affiliation, or regional ascription. So, in the end, you have not done anything inappropriate by giving your children your last name unless they are not biologically yours.

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