Is There a Time Limit on Changing Your Name Based on a Divorce Order

Divorced in Arizona and awarded my maiden name though wonder if there is a time frame this needs done. Hiccup: Marital property award to ex and located outside the US. If I change my name it will then not match documents established in that Country to transfer title.

Basically do I have to change my name?

Nope. You can keep your married name if you wish.

One generally applies to the court for name restoration during the action and it is restored via the final decree. You may not have been awarded your maiden name as your legal name. That does not mean it is not already a part of you that you can use, except on legal documents.

Its actually a bit more complicated than either response indicates.

The US government does not recognize a name change until a name is changed with the Social Security Administration. However, a court order can either order the change of a last name or give permission for the person to change their last name. In the former instance there is some argument that the last name changes even if the party does not follow through to change their last name with the SSA.

Realistically however, someone's last name does not change until the SSA recognizes that change.

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Quoting llworking

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Realistically however, someone's last name does not change until the SSA recognizes that change.

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bull.

the state allows for a name change on a driver's license upon a divorce allowing for a name change. The IRS accepts the name change.

It might cause a bit of problems with the SS at some point but in reality, even they accept the SS taxes paid under a given number, regardless of the name.


There is more to "the government" than the SSA, even at the federal level but on top of that, the states have discretion to act as they choose regardless of what the fed might do.

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Quoting llworking

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Its actually a bit more complicated than either response indicates.

The US government does not recognize a name change until a name is changed with the Social Security Administration. However, a court order can either order the change of a last name or give permission for the person to change their last name. In the former instance there is some argument that the last name changes even if the party does not follow through to change their last name with the SSA.

Realistically however, someone's last name does not change until the SSA recognizes that change.

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Are you saying that the court can force the OP to change her name?

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Quoting Dogmatique

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Are you saying that the court can force the OP to change her name?

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he's saying that even if a court does issue a name change the the change is not official until the person's name is changed with the SSA.

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Quoting jk

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he's saying that even if a court does issue a name change the the change is not official until the person's name is changed with the SSA.

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But that wasn't even close to the matter in question.

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However, a court order can either order the change of a last name or give permission for the person to change their last name.

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Oooooooooooh. Okay, after re-reading that a gazillion times, yeah. L isn't saying that the court can order the OP to change her mind against her will.


My bad.

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Quoting Dogmatique

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But that wasn't even close to the matter in question.



Oooooooooooh. Okay, after re-reading that a gazillion times, yeah. L isn't saying that the court can order the OP to change her mind against her will.


My bad.

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right but L is saying it is not "official" until it is changed with the SSA.

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Realistically however, someone's last name does not change until the SSA recognizes that change.

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Quoting jk

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right but L is saying it is not "official" until it is changed with the SSA.

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Yeap. Not arguing that point.

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Quoting jk

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bull.

the state allows for a name change on a driver's license upon a divorce allowing for a name change. The IRS accepts the name change.

It might cause a bit of problems with the SS at some point but in reality, even they accept the SS taxes paid under a given number, regardless of the name.


There is more to "the government" than the SSA, even at the federal level but on top of that, the states have discretion to act as they choose regardless of what the fed might do.

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Sorry but no, the IRS for sure does not recognize the name change until it has been changed with the SSA. One would get a resounding reject of their tax return if the name and social do not match the SSA database...nor can their systems be overwritten to overcome that.

I also distinctly remember being unable to change my driver's license to my married name until I had my new SSN card showing my married name...because I tried and failed.

One also isn't going to get a passport changed to a married name or back to a maiden name, without the SSA database showing that name.

You can call BS all you want, but with the new identity verification laws that many states have imposed for DMV purposes I would be very surprised if you could get a name change on a driver's license in any state without the SSN and name matching.

You can obtain a new (changed) passport (in your new name), without your SS card reflecting the name change.

Yeap, it will take longer. But it's just not accurate to say that the SS card must be changed before you can change your passport...cos it's not true. The timing might also mix it up a bit.

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You will need to apply to amend your current passport , within one year of the issuance date of your current valid passport and submit along with the following:
The passport to be replaced
Certified documentation of your name change (e.g., marriage certificate, divorce decree with your new name); and
Two recent passport photos

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Quoting Dogmatique

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You can obtain a new (changed) passport (in your new name), without your SS card reflecting the name change.

Yeap, it will take longer. But it's just not accurate to say that the SS card must be changed before you can change your passport...cos it's not true. The timing might also mix it up a bit.

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Ok...I will concede that, but jk was definitely wrong about the IRS.

C'mon - there seems to be a new rule every year.... I think on this one we can all be forgiven!

Is there a full moon? Nope...sorry, no rule change
Is Duchess Kate going to cut her hair? Oh..she already has? Best change the rules to encompass that
Pats or 'Hawks? Gotta make a rule about that.

:)

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Quoting Dogmatique

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C'mon - there seems to be a new rule every year.... I think on this one we can all be forgiven!

Is there a full moon? Nope...sorry, no rule change
Is Duchess Kate going to cut her hair? Oh..she already has? Best change the rules to encompass that
Pats or 'Hawks? Gotta make a rule about that.

:)

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Sorry but that one flew over my head...LOL. But, just for the sake of knowledge, in order for a return not to reject, for taxpayer, spouse and all dependents, the 1st letter of the 1st name, and the 1st four letters of the last name, the date of birth, and the SSN must match the SSA database.

There have been some hair tearing frustrations dealing with that sometimes...LOL.

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Quoting llworking

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Ok...I will concede that, but jk was definitely wrong about the IRS.

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No, I wasnt. My sister is living proof of it.


but on top of that your statement was that the name change was not official until the SSA acknowledged it. That is blatantly wrong. No questions about it.

You guys like to argue about nothing sometimes. How many people get married and never change their name with SSA or t he IRS? That marriage license gives you the right to use a new name but doesn't mean that it becomes your legal name for the IRS or the SSA.

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Quoting budwad

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You guys like to argue about nothing sometimes. How many people get married and never change their name with SSA or t he IRS? That marriage license gives you the right to use a new name but doesn't mean that it becomes your legal name for the IRS or the SSA.

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A lot of Amish get married and never change their name with the SSA.


And sorry but in california and many other states (won't go as far as saying all states 'cuz I just don't know) a marriage does allow for a LEGAL name change with the newly claimed name being their official and legal name.


I don't know where you folks live but in the US the courts determine when a name is changed legally, not the IRS or SSA. When using the judicial process when the judge bangs the gavel the name change is official and legal for all uses.

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And if the name is so critical for the SSA, why don't they notice when 12 people of different names are using the same number? Happens all too often where I live and yet it goes on for years without ever being an issue.

I guess they are concerned about that number rather than the name attached to it when accepting tax payments

I also was told by the RMV that I had to change my name with the SSA before they would change my license.

However, the local SSA made it clear that they were familiar with the particular individual at the RMV who had made that declaration; that when she sent someone to them they humored her; but from their perspective it didn't matter in which order the documents were changed.

there are at least 200 answers to that question, each state's courts, DMV, social services, and tax&finance offices may have different requirements for what they accept for a name change.

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Quoting cbg

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I also was told by the RMV that I had to change my name with the SSA before they would change my license.

However, the local SSA made it clear that they were familiar with the particular individual at the RMV who had made that declaration; that when she sent someone to them they humored her; but from their perspective it didn't matter in which order the documents were changed.

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so did they require proof?


as Lehk stated, there is no final authority here when dealing with a specific agency. Each agency wants what they want but regardless, a judicial name change is valid and official when the judge bangs the gavel.

Well, obviously both the SSA and the RMV required proof of the name change. The specific individual at the RMV wanted to see something from the SSA saying I'd made the change with them; the SSA didn't ask for any proof that I'd been to the RMV and told me it was only one person at our local RMV that insisted on a particular order.

You did grasp that I'm agreeing the Lehk and disagreeing with llworking, right?

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Quoting cbg

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You did grasp that I'm agreeing the Lehk and disagreeing with llworking, right?

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yes.. my question to you was more of one out of curiosity of whether they actually wanted proof or simply that they took your word for it suggesting it was not such a requirement as a suggestion.

Ah, gotcha. No, the woman at the RMV, who apparently has a reputation with the SSA, definitely wanted proof that I'd gone to the SSA first and refused to accept my marriage license as proof of name change. The woman at the SSA said, "Oh, I know whose line you stood in. It doesn't make any difference where you go first but she's got a bee in her bonnet so we humor her when she insists on it. We'll give you something to show her."

Some states have the option of having your social security number on your Drivers License or State Issued Picture ID, maybe that help add to the confusion.

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Quoting Mercy&Grace

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Some states have the option of having your social security number.

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really? How foolish. Indiana used to use your SS# as your DL number. They got smart and finally changed that.

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Quoting budwad

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You guys like to argue about nothing sometimes. How many people get married and never change their name with SSA or t he IRS? That marriage license gives you the right to use a new name but doesn't mean that it becomes your legal name for the IRS or the SSA.

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Pardon me for sounding incredulous, but isn't that the same as you rarely giving actual statutes and facts?

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Quoting Mercy&Grace

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Some states have the option of having your social security number on your Drivers License or State Issued Picture ID, maybe that help add to the confusion.

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My state no longer permits that option.

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Quoting Mercy&Grace

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Some states have the option of having your social security number on your Drivers License or State Issued Picture ID, maybe that help add to the confusion.

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My state also stopped doing that about 20 years ago.

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Quoting Dogmatique

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Pardon me for sounding incredulous, but isn't that the same as you rarely giving actual statutes and facts?

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I'm not sure what statutes or facts you would like me to reference. But I, more than most here, post links to where I get information from be it case law or statutes.

How funny. I just realized that your username is Dogmatique, French for dogmatic. Boy am I slow sometimes.:) Oh the irony

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Quoting llworking

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You can call BS all you want, but with the new identity verification laws that many states have imposed for DMV purposes I would be very surprised if you could get a name change on a driver's license in any state without the SSN and name matching.

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You definitely can here in Texas.

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Quoting llworking

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Sorry but no, the IRS for sure does not recognize the name change until it has been changed with the SSA. One would get a resounding reject of their tax return if the name and social do not match the SSA database...nor can their systems be overwritten to overcome that.

I also distinctly remember being unable to change my driver's license to my married name until I had my new SSN card showing my married name...because I tried and failed.

One also isn't going to get a passport changed to a married name or back to a maiden name, without the SSA database showing that name.

You can call BS all you want, but with the new identity verification laws that many states have imposed for DMV purposes I would be very surprised if you could get a name change on a driver's license in any state without the SSN and name matching.

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dude, my sister played musical chairs with her last name over the last 20 years. She alone has proven every statement you have made with the exception of the passport (she doesn't have one) to be wrong. so, don't bother telling me theory. I have seen real life actions that do not comply with your beliefs.

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Quoting budwad

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I'm not sure what statutes or facts you would like me to reference. But I, more than most here, post links to where I get information from be it case law or statutes.

How funny. I just realized that your username is Dogmatique, French for dogmatic. Boy am I slow sometimes.:) Oh the irony

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Heh.

I guarantee you have no idea why my screen-name is what it is....

Please don't take any offence. I'm much more mellow then some might think. Just having some fun.

The last 20 yrs and the new laws since 9-11 aren't the same. We use to have a choice in these things, but we don't any longer. My divorce decree from my first marriage many, many yrs ago didn't give me my maiden name back. But, I went to the DMV with a copy of my birth certificate, marriage license and divorce decree and they changed it on my license, then I went to SSA for the SS# change.

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Quoting Dogmatique

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I guarantee you have no idea why my screen-name is what it is....

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I always assumed you ran a pet salon.

:cool:

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Quoting Mr. Knowitall

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I always assumed you ran a pet salon.

:cool:

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I plead the 5th!

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Mercy&Grace;863082]The last 20 yrs and the new laws since 9-11 aren't the same.

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OVER the last 20 years.
that doesn't mean 20 years ago. It means over the last 20 years and as recent as last year.

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We use to have a choice in these things, but we don't any longer. My divorce decree from my first marriage many, many yrs ago didn't give me my maiden name back. But, I went to the DMV with a copy of my birth certificate, marriage license and divorce decree and they changed it on my license, then I went to SSA for the SS# change

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what does that have to do with the discussion?

The instance I described happened in 2005.

jk, rules are stricter now than they have ever been before and they need to be.