Divorce: Either spouse can ask the court to use any name used before the marriage when divorcing.
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New York divorce judgments include an order allowing you to return to a previous family name or surname, whether you ask for that permission or not. You will need to send out notices of your name change to Social Security, the DMV, and other agencies who have your records.
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Some sample notification forms can be found at:. To do that, you must fill out and file these court forms:. You must also submit a certified copy of your birth certificate. In New York, you can get this from the state Department of Health.
Ask the clerk to file them. Give the clerk all your papers and the fee, and the clerk will give you an index number.
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Write this number in the top-right corner of your:. If you cannot afford the fee, ask the clerk for an application to file for free. The Court usually agrees to the name change unless you want to do something illegal with the new name, like use it to trick somebody or hide from debts. Prove to the county clerk that you published your name change. To do this you must get and fill out an "Affidavit of Publication" from the county clerk.
If you are changing your name for safety reasons or because of domestic violence, you should tell the Court in your petition, ask for an exemption from publishing the name change, and contact a local domestic violence agency. This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.
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