ExpertLaw.com Forums

Can You Start Using Your Maiden Name Before You're Divorced

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
  • 01-18-2014, 11:01 AM
    johnson8041
    Can You Start Using Your Maiden Name Before You're Divorced
    My question involves name change laws in the State of: NY

    Can I start using my maiden name again before my divorce?
  • 01-18-2014, 11:14 AM
    llworking
    Re: My Maiden Name
    Quote:

    Quoting johnson8041
    View Post
    My question involves name change laws in the State of: NY

    Can I start using my maiden name again before my divorce?

    It depends on how you use it. Legally your name is the name that appears on your social security card. You cannot get your social security card (and therefore driver's license) changed until a judge orders a name change for you either via the divorce or via a separate court process to change your last name. Therefore, you have to use your legal last name for anything that might require you to provide ID.

    Unfortunately, that is pretty much everything except social situations.
  • 01-18-2014, 11:41 AM
    flyingron
    Re: My Maiden Name
    The SSA does NOT have anything to do with what a legal name change is. It's a common misconception, but it's completely untrue. The SSA has rules for what they will accept for a legal name, but they neither effect nor arbitrate what your legal name is.

    If you want to change your name, you need to make sure it is in your divorce decree. When your decree is issued, then you have a LEGAL name change. I'd get a few extra true copies of the order so you can send them/show them to the various people you will have to convince your name has changed: Social Security, the DMV, etc...

    You're free to call yourself what you want, prior to the divorce, but anything that requires a legal name will have to wait until the divorce order.

    Your other option if you want to jump the gun, is to get a court order of a name change NOW. In most cases it's straight forward and inexpensive ($65).
  • 01-18-2014, 12:56 PM
    llworking
    Re: My Maiden Name
    Quote:

    Quoting flyingron
    View Post
    The SSA does NOT have anything to do with what a legal name change is. It's a common misconception, but it's completely untrue. The SSA has rules for what they will accept for a legal name, but they neither effect nor arbitrate what your legal name is.

    If you want to change your name, you need to make sure it is in your divorce decree. When your decree is issued, then you have a LEGAL name change. I'd get a few extra true copies of the order so you can send them/show them to the various people you will have to convince your name has changed: Social Security, the DMV, etc...

    You're free to call yourself what you want, prior to the divorce, but anything that requires a legal name will have to wait until the divorce order.

    Your other option if you want to jump the gun, is to get a court order of a name change NOW. In most cases it's straight forward and inexpensive ($65).

    While I understand and agree with the point you are making about the SSA...for all practical purposes until the SS card is changed, its difficult to impossible to get other forms of ID changed and to get your new last name recognized. In addition, no government agency (state or federal) is going to recognize the name change until you have change it with the SSA.

    You know as well as I do that the IRS, as a prime example, is going to reject any tax return that contains a name that does not match the name on the SSA's records.
  • 01-18-2014, 01:28 PM
    johnson8041
    Re: My Maiden Name
    thank you for the info
  • 01-18-2014, 01:43 PM
    flyingron
    Re: My Maiden Name
    Quote:

    Quoting llworking
    View Post
    While I understand and agree with the point you are making about the SSA...for all practical purposes until the SS card is changed, its difficult to impossible to get other forms of ID changed and to get your new last name recognized. In addition, no government agency (state or federal) is going to recognize the name change until you have change it with the SSA.

    You know as well as I do that the IRS, as a prime example, is going to reject any tax return that contains a name that does not match the name on the SSA's records.

    The answer to the above is it even with the changes it's not true. When my wife got married, we ran around with certified copies of the license and everybody accepted it without question. Some just wanted to see it, some wanted to retain it. Nobody EVEY asked to see or look up the social security card.
  • 01-18-2014, 01:51 PM
    cbg
    Re: My Maiden Name
    Now I had the exact opposite experience. The RMV refused to accept even a copy of my marriage license showing my new name until the SSA had made the change. After an irate phone call on my behalf from the SSA, the RMV eventually accepted an acknowledgement from the SSA that I had applied to have the name changed on my card.
  • 01-18-2014, 03:31 PM
    Mr. Knowitall
    Re: My Maiden Name
    Experiences will vary, but in recent years it has become much harder to effect an informal name change due to increased rates of identity theft and heightend concerns about national security. You can use an informally changed name in many contexts, as long as your purpose isn't fraudulent, but at times you're going to run into situations where people will want proof of a legal name change before they respect your wish to use the new name.
  • 01-19-2014, 07:07 AM
    llworking
    Re: My Maiden Name
    Quote:

    Quoting cbg
    View Post
    Now I had the exact opposite experience. The RMV refused to accept even a copy of my marriage license showing my new name until the SSA had made the change. After an irate phone call on my behalf from the SSA, the RMV eventually accepted an acknowledgement from the SSA that I had applied to have the name changed on my card.

    I had the same problem as well...and again, the IRS automatically rejects any tax return where the name does not match the SSAs records. So does any other state or government agency.
  • 01-19-2014, 07:40 AM
    cbg
    Re: My Maiden Name
    I will say, though, to Ron's point, that my sister married a year before I did and her experience was more akin to that of Ron's wife.

    I would be inclined to say that it CAN be an issue rather than that it WILL be.
Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
All times are GMT -7. The time now is 01:19 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved