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Change of Name After Divorce
When parties are married, there is a certificate of marriage that identifies the parties using their given names. After the parties are married, a spouse may or may not use the exact name on the certificate of marriage as the name of the spouse during the course of the marriage.
There may be children born as issued to the marriage. There may be an issue as to what names they use.
In terms of the spouse, upon dissolution of marriage, the spouse may be seeking to retain or receive a given name, the name used on the certificate of marriage, a name used as a matter of custom throughout the marriage or a maiden name.
A divorce decree can identify the name of the spouse upon a dissolution of marriage, including whether or not the spouse wishes to receive back the spouse's maiden name, or possibly otherwise.
Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage. This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court."
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