Legal Question in Family Law in Illinois

Re: Using the Divorce decree to change last name.

Pamela,

Don't be so confused. I'll try to make this as easy for you as possible! While I am not aware of anyway of changing your name using the divorce division other than with a Petition to Modify Judgment, I would highly recommend that you contact your local court house and get instructions and the necessary paperwork. If you live in Cook County, IL please look at the following website address which will give you detailed instructions on how to complete a name change.

http://www.illinoislawhelp.org/Education/FamilyJuvenile/Namechange.htm

Good Luck

Michael Przybylski

Three ways to change last name.

You have three options for changing your name back to your maiden name. The last option discussed below may be the one you like best.

First, you can file a petition with the divorce court to change your name, get a hearing date, and send a copy of the petition and notice of hearing to your ex�s former attorney (just in case the attorney has withdraw his representation of your ex, it would be wise to send your ex a petition and notice too). It may be that the divorce matter has terminated by final judgment and more than 30 days have past, so the court might lack jurisdiction. However, there�s a chance the other side will show up, and if they do show (and fail to complain about the lack of jurisdiction), the revestment doctrine gives new jurisdiction to the court. If they don�t show up, the judge might sign the order for name change anyway since it�s really an uncontestable matter.

Second, you can file for a name change and the forms are available on-line (see, http://www.dupageco.org/courtclerk/index.html, click court forms, and choose #3253 PETITION FOR CHANGE OF NAME, #3250 LEGAL NOTICE FOR CHANGE OF NAME, and #3252 JUDGMENT FOR CHANGE OF NAME). It�s not a difficult procedure but does require publication.

Your third option is to change your name by simply doing it. In Illinois, under its common law, every person is free not only to assume any surname he or she pleases, but also to change it at any time. The Illinois Supreme Court has stated that �in the absence of statutory restriction, an individual may lawfully change his name without resort to any legal proceedings, and for all purposes the name thus assumed will constitute his legal name.� In other words, just DO it.

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