Table Of Content
- Do I have to Change my Name after Divorce?
- Is it illegal to keep your married Name after Divorce in India?
- What Documents are required to Change the Name after Divorce?
- How to Change Name after Divorce in India?
- How much does a Name Change Affidavit cost?
- Is it compulsory to Change your Surname on all documents after Divorce?
- Can I Change my Children’s Name after Divorce?
- Can you Change Names during Divorce?
- Frequently Asked Questions
Even when a couple makes every effort to make their marriage successful and stable, there may come a time when their minds do not align. Which results in countless arguments and rudeness. It causes stress for both families as well as the partnership. Divorces result from these circumstances. One of the many situations that still occur is this one. There are many justifications for divorcing. After a Divorce, the ladies prefer using their maiden Names again. For that there is a process which they need to go through for name change after divorce.
Do I have to Change my Name after Divorce?
Well my right away question would be: Do you feel like changing your Surname after Divorce? There are women who prefer keeping their husbands surname even after divorce because of their own choice and not under any kind of pressure.In the entire world there are many head-strong women who actually aren’t interested in having their ex-husbands Surname after Divorce. The upcoming generation supporting feminism shows that now changing your last Name after Divorce is the only solution left. So yes no compulsion on it if you want to Change you can and if you don’t so don’t Change it. Our government is very flexible in these terms.
Is it illegal to keep your married Name after Divorce in India?
The Indian Government has put in a lot of efforts to improve the situation of the females in the society. They have worked on the rights and given ample of freedom which they weren’t aware of in the past. From those rights one is that there is no boundations in going back to maiden name after divorce or changing Name as a whole in itself. It is not considered as an illegal activity in the eyes of law. They can Change their Name after Divorce and remarriage also. Females have the right to even add up and drop their husband’s Surname.
What Documents are required to Change the Name after Divorce?
The documents which are required for Name Change after Divorce are:
- An affidavit for Name Change after Divorce
- ID proof of your old Name
- Signatures
- Newspaper publication (usually in 2 newspapers).
- Divorce Decree OR NOC (No Objection Certificate from husband that he has no objection is she uses her maiden surname)
If you want to saperate from your partner and looking for expert consultion, you can opt for our Divorce Consultation service to get legal advice from experienced advocates.
Note: Divorce Decree is a Legal document that serves as the Divorce court’s final verdict. If the case is Pending in the court then the Name change cannot be processed until the court gives the final verdict.
How to Change Name after Divorce in India?
The procedure is the same but there are a few things different from when you change your maiden surname after marriage and when you change your surname after divorce. The steps of Name change after Divorce are:
- Step 1: Get your affidavit for Name Change after Divorce made through online mode since it is an easy and hassle-free process. Without having to leave the house, we offer Name Change Affidavits that are properly executed on e-Stamp Paper. Here is a sample of the affidavit format for Name Change after Divorce below.
- Step 2: The next step is to have your Name Changed and have it published in the newspaper. two local main newspapers in the state, one in the National Newspaper and another in Local newspaper, and retain at least 4-5 original copies of each publication. Below is the Ad text format of Name change after divorce for your reference:
I, _______________________ Ex-W/O _______________________ R/O _______________________ , declare that I got divorce from my husband vide Court Decree No._______________________ declare that I have changed my name to _______________________ .
- Step 3: Following the publication of the divorce advertisement in the newspaper, Get your Name Change Notification published in the Government of India’s Gazette, and keep a copy of it with you to use in situations where you need to Change your Name.
However, it is mandatory for government employees to draft the Name Change Deed and publish the notification of changing Names in the Gazette of India. Publication in the Gazette of India is not required in all states; it varies by state.
How much does a Name Change Affidavit cost?
The Affidavit for Name Change after Divorce cost around 350/- it depends if he wants along with the public notice or with the full package. With the full package it will cost around 4000/- to 5000/-. The gazette has set fixed prices for the service. The extra charges are for services you are acquiring or opted for the Online services. Through an offline method it will only increase your duration.
Is it compulsory to Change your Surname on all documents after Divorce?
Surely it is not compulsory if you do not give up on your husband’s Surname. Cause it is the females who are required to Change, add up or drop the Surnames after marriage and Divorce. But you wish you could get it Changed on all your Legal documents. If you require to change in all other legal documents then Gazette Notification is only required through that you can easily change your name.
Can I Change my Children’s Name after Divorce?
Child name change after divorce name in India depends that which party have the custody of the children. If the female wins the case and gets the custody then as per her wish she can get the Surname change of her children and vice versa is the case if the male gets the custody.
Note: The custody of a female child below 5 years given to the Mother. Else it all depends upon the child’s wish and financial situation of both the parties, the court decide that the custody should be given to which party.
Can you Change Names during Divorce?
You can only change your Surname during Divorce is when you have the NOC from the husband wherein the Husband would declare that he has no objection if his wife adopts her maiden surname; NOC with the Phone number should be furnished. However if the Husband is not willing to serve such NOC then a female applicant has to wait till the Court passes their Verdict on the Divorce case and the one gets the Divorce Decree.
Frequently Asked Questions
There is no time limit in changing last after divorce. If you are divorced then it doesn’t have to be that on the second day of divorce you are required to change your surname. There is no barrier to it. You can Change your last Name after Divorce as and when you want. Even you have the freedom to change your surname before the divorce itself.
No. In order to change your surname as per the Government guidelines the applicant need to publish under Central Gazette Publication Part-IV.
Honestly no compulsion. But there are mothers who want to give their child’s Surname to the maiden’s former Name. As already mentioned above it is upon the child’s wish and financial health of both the parties so if the custody goes to the mother so in many cases they usually prefer to change the child’s surname rest it is all about the respective female’s choice.
An applicant must obtain the Gazette Notification to Change their Surname in all the documents after the second marriage.
Adrika Mishra – Content Writer
Adrika Mishra is a Content Writer with a passion for writing crisps and well researched pieces. With a graduate degree in Mass Communication and over a year of hands-on experience in writing content for the web. Adrika is a person brimming with creative instincts. Constantly seeking to learn and grow, she uses writing as a medium to document her knowledge on topics she is passionate about. When not working, Adrika can be found grooving to music. Believing in the power of “The pen is mightier than the sword”, Adrika hopes to inspire and educate readers through her writing.
