A woman has the same right to choose whether or not she wants to alter her surname after marriage as she does if she wants to preserve her husband’s name after divorce. Some women prefer to keep their ex-surname husband’s for reasons such as sharing a surname with their children, while others choose to alter their surname as part of the healing process.
You have the option to alter your present surname and reclaim your prior surname after your divorce. Let’s have a look at the possibilities.
If you’re on the verge of getting divorced,
If your divorce is still pending, the best choice is to get your name changed while the divorce is still pending. You can include a request for a legal name change procedure in your divorce filings or even your marital settlement agreement. Your new name will appear in the divorce decree or order if the judge signs the final divorce order and accepts your legal name change.
If Your Divorce Is Already Completed
You will have to file for a name change through a gazette publication if your divorce order does not include recovering your prior name. Though you may resume using your maiden name informally, the law requires you to go through a legal process that comprises the following three steps:
- Obtaining an Affidavit is the first step.
- You’ll need to go to a local notary office and fill out an affidavit that includes your current name, proposed name, current address, and the purpose for the name change.
- This affidavit must be printed on valuable stamp paper and signed by two witnesses, as specified by the local notary.
- The legal procedure necessitates the signatures of two gazetted officers, as well as the use of a rubber stamp.
- You should keep a copy of the affidavit for future legal requirements.
- If you live in another country, you can acquire a deed signed by the Indian Embassy or the Indian High Commission Office stating the specifics of your name change.
- Publicize through Newspapers
- The declaration of your name change must then be published as an advertisement in two local newspapers.
- One should be written in the local tongue, while the other should be written in English.
- You can get advice on the format from any newspaper agency, since they have a full section dedicated to such ads.
- Once the ads are published, make sure you retain as many original copies as possible for future use. You may want to keep scanned copies of the advertisement as well.
- The Gazette’s publication
- A gazette notice is conclusive evidence of a name change.
- For the gazette notification, you must submit the following papers.
- a letter stating the need for the name change, or a ‘Deed Changing Name Form’ available from the Controller of Publication.
- True reproductions of newspaper advertising
- Two pictures that have been verified
- ID and address proofs with the same address as the newspaper advertisement, as well as an affidavit
- You can send the documents to the Controller of Publication, Department of Publication, Civil Lines, Delhi – 110054 as quickly as possible.
- Your name change will be published in the official gazette after successful verification.