Changing the Name Back to Maiden Name After Divorce: A Detailed Guide.

changing the name back to maiden name after divorce

In India name change has become quite popular, and the Indian government made it accessible to the citizens. The most common reason for name change in India is either marriage or Divorce. Divorce is a legal procedure to end a marriage which is governed by law. Deciding to keep her ex-husband’s last name or replace it with a maiden name or with another name after a divorce remains up to the woman. 
After getting married, women frequently choose their spouse’s name as their last name. Most of these females might want to make changes to their last names after filing for divorce and then submit a name change application. They could be interested in reverting to their maiden names or just to anything apart from the names used by their ex-husbands. The whole procedure of changing the name back to maiden name after divorce will be explained in the following article.

Acceptable Reasons for Name Change

You can change it for various reasons:

  • After marriage (surname change)
  •  After divorce
  •  Astrological/Numerological reasons
  •  Gender change
  • Adoptions
  • Religious reasons
  • Simply because they don’t like their name

For an array of reasons, individuals can choose to alter their names. But you can never frequently alter your name.

Methods for Name Change After Divorce

There are two options for changing the name back to maiden name in India.

  • Name Change Through Court Decree

Changing your name during the divorce process is often the most convenient method. The court can facilitate your name change.

  • Name Change after Divorce

If you’re unsure about changing your name during the divorce, you can opt to do it afterwards once the divorce is finalized. This can be accomplished through a gazette publication.

Change Name Legally in India

Documents Required for a Name Change After Divorce

  • Papers for divorce 
  • Affidavit of Name Change
  • Newspaper advertising (both the original and a copy of the advertisement that appears in the newspaper)
  • The specified format for a name change. The following witness information is required, and the official form needs to be signed by two witnesses:
  1. Name
  2. Full address
  3. Phone number
  • Two self-attested passport photos
  • A Compact Disc (CD) with a soft copy of the Proforma that does not include witness information. The applicant’s former name should be provided in place of their signature.
  • A certificate certifying the similarity among the information between the CD and the hard copy.
  • A scanned copy of any one of the following documents serving as the applicant’s identification is appropriate: (Driver’s licence, voter ID card, passport, PAN, or Aadhar card)
  • To pay fees, use a demand draft.

Steps to Change Name After Divorce

To legally change your name, a specific procedure needs to be followed.

Affidavit for Name Change After Divorce

The first step in changing your name is to prepare an affidavit for the name change. This affidavit needs to be printed on the stamp paper of the relevant value, as prescribed by the local notary, and two different people with the status of gazette officer need to sign it legally by using a rubber stamp. The affidavit needs to be maintained in case it complies with any additional legal requirements. Indians who live somewhere other than India can legally alter their name by either filing a deed which has been duly witnessed by the Indian High Commission or the Indian Embassy. 

Publication About the Name Change in the Newspaper Following a Divorce

In a minimum of two newspapers, at least one of which is required in English and the other in the language of the region, publish an advertisement notifying people of your name change. The advertisement must contain your current name, a recommendation for a new name, and a statement that you desire to change your name after divorce. Ensure that you’ve got copies of the newspapers that published your ads.

Publication of Name Change in Official Gazette

The entire process is finished with the publishing of the Gazette. Government employees are obligated to publish a gazette notification of their name change. It should be considered for everyone, however, as it is an essential piece of supporting information. An application form is required to be completed and signed by the applicant and two witnesses. It shouldn’t be handwritten; it requires to be typed on a computer. Submit all the necessary documents, as well as this application, to the Department of Publication so that the name change can be published in the Official Gazette. After the initial submission of a name change application, your name will be published in the authorised national gazette.

Gazette of India name change fees

The expense associated with gazette publication will range from approximately ₹750 to ₹900, depending on your preference for a public notice. Payment can be made using cash, a demand draft, or a postal order.

After the Gazette has published the official announcement of your name change, you can now inform any relevant structures, including your bank, college, and place of employment, that your name has been changed.

Conclusion

Although names are a significant component of who you are, you are free to alter them as often as you wish, provided you are not doing it for unethical or unlawful purposes. For an array of reasons, people change their names. When a person is officially involved in Changing the name back to maiden name after divorce, extensive and difficult legal procedures must be accomplished. At Taxxinn, we make the name change after divorce simple for you to complete the time-consuming and difficult process effectively.

FAQ’s

Can I change my children’s names following a divorce?

Yes, you have the option to alter your child’s name following a divorce. Changing your child’s last name does not necessarily require your husband’s approval. However, it’s important to note that if your husband obtains a restraining order against such a modification, it may pose a challenge.

Is there a time limit to changing the name after the divorce?

There is no specific time limit for changing your surname. You have the flexibility to change it whenever you prefer. Additionally, it’s entirely your choice whether to retain your surname even after a divorce.

Is it mandatory to change the name after divorce in India? 

No, it’s not mandatory. After a divorce, a woman possesses the choice to either revert to her maiden name or maintain her former husband’s surname. Certain women opt to retain their ex-husband’s surname to align with their children’s names, while others opt for a fresh start by adopting a new name. 

Related Reads:

How to Legally Change the Name of a Minor in India?

How to Legally Change Your Surname in India After the Marriage?