If you changed your name when you got married, you may want to resume your former name upon your divorce, which you can do automatically as part of the divorce process if it is your first divorce. However, there are circumstances if it is not your first divorce, where you may not be able to resume your former name automatically as part of the divorce process, but instead need to pursue a name change petition.

You can petition to change your name at any time, even if you are not getting divorced. If you want to change your name separate from a divorce action, you must file a name change petition in the probate and family court, along with the appropriate documentation and filing fee. The process includes a criminal record check and publication in a newspaper.

It is very difficult to change the name of a child, but there are circumstances where it may be appropriate. There are different legal requirements for changing the name of a child, in consideration of whether the name change is related to divorce, paternity, or for some other reason. It is recommended that you discuss the situation with a family law attorney to review your options before proceeding with any name change for a child.