Going through a divorce is a major life transition, and for many individuals in Denver, Colorado, changing your name is an important step toward starting a new chapter. Whether you want to return to your maiden name or adopt a completely new one, the process for changing your name after divorce can be relatively straightforward, but it does require following legal procedures.
In this article, we’ll guide you through the steps to legally change your name after a divorce in Denver, explain the relevant Colorado statutes, and provide insight into how the Denver divorce attorneys at Baker Law Group, PLLC can assist you throughout this process.
1. Can You Change Your Name During the Divorce Process?
Yes, in Colorado, you can request a name change during the divorce process itself. In fact, the easiest way to change your name is to include the request in your divorce petition or response. Colorado law allows either spouse to revert to a prior name or choose a new one as part of the divorce decree. This request can be granted as long as the name change is made in good faith and not for fraudulent purposes (such as avoiding debt or criminal prosecution).
To ensure that the court acknowledges your name change, it’s important that you explicitly include this request in the divorce paperwork. The name change will then be reflected in the final divorce decree.
Legal Reference:
- C.R.S. § 13-15-101 (Name change after divorce): This Colorado statute governs the process for restoring a prior name following a divorce. You can include a name change as part of the dissolution of marriage without filing a separate name change petition.
2. Changing Your Name After the Divorce is Finalized
If you did not request a name change during your divorce proceedings, you can still legally change your name after the divorce is finalized, but the process is slightly different. You’ll need to file a separate name change petition with the court. Here are the key steps to follow:
Step 1: Complete the Required Forms
To initiate a name change in Denver after your divorce, you will need to fill out a Petition for Name Change (Form JDF 433) and file it with the district court in your county. In Denver, you will file the petition with the Denver District Court. Additionally, if you have children or have undergone a criminal conviction, you may need to complete additional forms or undergo further scrutiny.
Step 2: Obtain Fingerprints and a Background Check
If you are changing your name after the divorce has been finalized, Colorado law requires that you submit a fingerprint-based criminal background check as part of the name change process. You will need to provide a set of fingerprints to both the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI) for processing. This step is essential to ensure that the name change is not being pursued for fraudulent purposes.
Step 3: File the Petition with the Court
Once you have completed the necessary paperwork and background check, you can file the petition with the court. There is a filing fee associated with this process, which varies by county. In Denver, you should expect to pay a fee when submitting your name change petition.
Step 4: Attend a Name Change Hearing (If Required)
In some cases, the court may schedule a hearing to review your petition. During this hearing, you will need to provide a valid reason for the name change and verify that it is not for illegal purposes. In most cases, if the name change is related to a recent divorce and the petitioner has complied with all legal requirements, the court will approve the request without complication.
3. What Documents Will You Need to Update After Changing Your Name?
Once your name change has been approved, it is important to update your legal and financial documents to reflect your new name. Here’s a checklist of essential updates to make after a name change:
Social Security Card
The first step after a legal name change is to update your Social Security card. You will need to complete a Social Security Name Change Form (Form SS-5), provide a certified copy of your divorce decree or name change order, and submit identification (e.g., a driver’s license or passport). You can submit these documents either in person at your local Social Security office or by mail.
Driver’s License
To update your name on your driver’s license, you will need to visit a Colorado Division of Motor Vehicles (DMV) office. Bring a certified copy of your divorce decree or name change order, proof of identity, and proof of residency. The DMV will issue you a new driver’s license with your updated name.
Passport
If you have a passport, you will need to file for a new one under your new name. This requires submitting Form DS-5504 if your passport is less than one year old or Form DS-82 for older passports. You will also need to provide your divorce decree or court order for the name change.
Bank Accounts and Credit Cards
It’s important to notify your bank and credit card companies of your name change. You will likely need to provide a certified copy of your name change order or divorce decree to update your accounts. This ensures that your financial records are accurate and that your identification aligns with your legal name.
Employer and Insurance Providers
Be sure to inform your employer of your name change so they can update your payroll, benefits, and tax information. Similarly, notify your health insurance, life insurance, and auto insurance providers to ensure that your policies reflect your new name.
4. What if You Have Minor Children?
If you are changing your name after a divorce and have minor children, it is important to know that changing your last name does not affect your parental rights or the legal relationship with your children. Your children can retain their current last name, and there is no requirement to change their names simply because you are changing yours.
However, if you wish to change the last name of your child, you will need to file a separate name change petition on their behalf, and both parents must generally consent to the change. The court will also consider whether the name change is in the best interest of the child.
5. Why Work with a Family Law Attorney?
Although changing your name after divorce may seem straightforward, complications can arise, especially if you missed the opportunity to request the change during your divorce proceedings. At Baker Law Group, PLLC, we help clients navigate the name change process smoothly, ensuring that all legal requirements are met and that your transition to your new name is stress-free.
Our experienced family law attorneys can assist with filing name change petitions, guiding you through the required paperwork, and representing you in court if needed. Whether you’re looking to change your name as part of a divorce or afterward, we are here to help you every step of the way.
Contact a Denver Divorce Lawyer at Baker Law Group, PLLC Today
If you’re ready to change your name after a divorce in Denver, Baker Law Group, PLLC is here to assist you. Our skilled attorneys will guide you through the process, ensuring that your rights are protected and that the name change is handled efficiently. Contact us today to schedule a consultation and take the next step toward your fresh start.
