How To Change Name After Separation Or Divorce
According to research, over 40% of marriages in Canada end in divorce, and the rate is expected to rise. To the couple who can no longer hold their relationship together, divorce is always good news. In any marriage, most people are eager to change their last names. Unfortunately, when a marriage ends, they want the last name done away with. Anyone getting divorced and doesn’t want to use their spouse’s name has a right to change. However, the process is always costly. But there are steps one can take to keep these costs down.
Steps To Change Of Name
Anyone over 19 years of age has a legal right to change of name. However, any process is governed by the Change of Name Act. If you are contemplating a separation or divorce, you may consider having a divorce lawyer in Toronto guide you in the process. No divorce is easy. There is a range of procedures that need expert advice before you get your divorce decree. For a change of name after separation or divorce, there is also a process that one has to go through. But there is no set time when you should change the name. The change can be done before a divorce, during a divorce, or after getting your divorce decree. For the name change, you may consider the below factors:
- You can assume your last name: Assuming the name will not affect your name of the birth registration. You can assume the name on many documents such as your driver’s license, health care card at no cost. For this, you are required to visit a change of name center with a:
- Document proving you were legally married: If you cannot trace your marriage certificate, you can order a replacement certificate no matter where in Canada you were married.
- Documents such as your current photo health card to prove you’re a Canadian citizen
- Your driver’s license
The above is to prove your identity.
This process is easy since you had not formally changed your name and that you had only assumed your spouse’s name. There will be no need to fill a formal application to resume your former name.
- Elect to take back your name after marriage dissolution: You will be required to fill an Election to Resume form. This is if you had changed your name by completing the Election to Change Surname. There is a small fee for this process. After getting a name change, you will get a certificate with the name change. You can use this to update your government documents, such as your health care card.
How Do I Carry Out The Change Of Name?
Just as mentioned earlier, you can choose to change your name during a divorce or after.
- If you are in your divorce process, you can request the judge presiding over your case to restore your former name on your divorce decree. The judge makes an order to change your name. Thus, you can use your former name without any further ado from the court concerning name change.
- If you have to change the name after the divorce process is over, you may request the court to amend the divorce decree. Sometimes, this process may be demanding. You may consult a good divorce lawyer to guide you on what to do.
As with all name change conditions, make sure to update all your accounts or any other identification/membership. No records are linked. Therefore, you must make a request to different organizations as each company has its own way of updating records. This proves to be the most part that consumes time when it comes to change of names. To avoid the hustle, you can still consult your divorce lawyer to advise on how you can use you can download your personalized information and send notifications at a go. Note that the change of name applies to either the man or the woman.
Getting Help With Your Divorce
Remember that different provisions may apply to your case. If you have decided to divorce, the best way to approach this would be to consult from an experienced divorce lawyer. Keep in mind that in case of any criminal record, the process may be challenging. In any case, if you want a change of name, your lawyer may guide you on how to speak up during your divorce hearing. Remember, if there are issues with this, the judge may be reluctant to give out the order. From your lawyer’s guidance, be sure to be open to the fact about your change of name. Again, you don’t want to have additional work after receiving your divorce decree, having the change of name simultaneously with your divorce will save you time. For any question regarding separation or divorce, don’t assume the importance of speaking to an experienced divorce lawyer. You will get help to the change of name on the province you reside in.