Legal Question in Family Law in New Mexico

Re: How can I retain my madien name, I have been divorced over 26 years what do

The law in New Mexico, specifically Section 40-8-1 and 2 direct people how to officially change their name. In a nutshell you have to file a motion with the court, and then you will publish (for one time per week for two weeks) in a newspaper of general circulation in the county in which you reside The theoretical idea behind publishing is to keep creditors on notice of the fact that you are going to change your name. After the publication the newspaper will provide an affidavit for you showing that you complied with the law and published in the proper manner. Then you request a hearing and go before the judge. The costs involved will be the filing fee with the court (the civil clerk can tell you the cost in your area) and the newpaper publication cost. There are minor costs of copy fees and perhaps the forms (if available in your area). The law tells you exactly what to put in your motion for change of name.

It may sound complicated but in reality it takes about 1 hour (maybe 2) of attorney time (that's 3 or 4 hours of non-attorney time)and the hearing before the judge is 5 minutes or less. 99.9999% of all judges and their staff are very friendly and helpful and will try to make the process as easy and stress free as possible. This is not a complicated process to do on your own and without an attorney. It takes persistence and a bit of question asking.

Last, after you change your name you will need to notify the appropriate governmental agencies, SS office, Driver's License, etc. Then notify your employer, hospital (medical records), church, bank and other persons and organizations that you are using a new name.