I may not recommend that you file for divorce to change your name, but it is one of the benefits you may receive as part of your divorce case. N.J.S.A. 2A:34-21 provides that a spouse as part of a divorce proceeding may ask the court's permission to change his/her name. What is most interesting is that a spouse can choose to resume their former name, or any other surname.

The procedure to change your name in an independent proceeding is significantly more complicated and expensive. It requires the filing of a Verified Complaint for Name Change, the publication of the proposed change of name and the Final Judgment of Name Change in a newspaper of general circulation. You may be required to appear in court, as well.

The Complaint for Divorce is deemed to be a substitute for 'putting the world on notice' of your intent to assume another surname. Even if you did not request to change your name in the Complaint for Divorce, you can still raise this issue at the time of your final divorce hearing. You cannot change your child's name as part of the divorce proceeding. This would require the filing of a Verified Complaint for Name Change and notice to the other parent.

At the time of your divorce your attorney will ask you some simple questions as to why you want to resume or assume another name. The court will want to know, among other information, whether you are assuming another name to defraud creditors, do you have any judgments which are pending against you, have ever committed a crime, as well as other miscellaneous questions.