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NAME CHANGE DURING A PRO SE DIVORCE IN TEXAS

Like many jurisdictions, with a do-it-yourself divorce it is best to complete the name change in Texas as part of the actual divorce papers. Texas also permits a name change outside of the divorce or after the divorce, but this requires an additional filing procedure with the court as well as specific name change documentation.

Changing a name in a Texas divorce is a simple matter. It is just an additional line in the Original Petition for Divorce asking for the name change and an additional line in the Decree of Divorce granting the name change. It also means a few more questions during the divorce hearing if you have one. 



Section 6.706. of the Texas Family Code provides that the restored name as part of the divorce must be a name that was “previously used by the party.” This means it does not have to be the maiden name but can be any name that was “previously used” or often referred to as a former name.

In a divorce-related name change, the spouse requests the change in the Petition for Divorce. The petitioner must certify that he or she is not asking for the name change to avoid criminal prosecution or creditors. When the court orders the name change as part of the Decree of Divorce, the petitioner can use the Decree as proof of a legal name change.

As a reminder, the restored name cannot be a name that was never used prior to the divorce. If a spouse wants to use a name that was never used, then he or she must go through the full and separate legal process of a name change. A name change done after or outside the divorce is much more complicated because it also requires a criminal background check.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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