Legal Question in Family Law in Georgia
Name change after divorce
My divorce is finalized and the lawyer did not submit a request to have my last name changed back to my maiden last name. How do I go about changing it back now that the divorce is final?
3 Answers from Attorneys
Re: Name change after divorce
If it was requested in the divorce complaint, and if it is not too far past the date when the divorce decree was entered, it may still be possible to have the judge enter an order amending the decree to include it. Otherwise, if it was not requested or if it was, but you are outside of the "term of court" in which the decree was entered, the only remedy is to file a separate name change petition. This requires a petition to be filed, a notice to be published in the newspaper for a month and a court date to finalize it.
Re: Name change after divorce
Time matters here. If it was requested in the divorce complaint, and if it still the same term of Court, some but not all Judges will amend it, so call your lawyer ASAP.
Otherwise, the only way is to do a new name change case in Superior Court. Our office can handle those in metro Atlanta. Our number is 404-768-3509. Some counties do that with a court hearing, and some require no hearing.
Re: Name change after divorce
If you told the lawyer when the case was filed that you wanted your maiden name restored (and can prove it), demand that he/she fix it. Otherwise, you are going to have to file to have the judge sign an amended Final Decree or, possibly, a new petition for a name change. The judge's legal assistant may be able to provide some guidance as to how his/her judge handles these matters.