How do I change my last name back to my maiden name as part of a divorce in Georgia?
In a Georgia divorce, there are two documents where you can ask for your name to be restored back to your maiden name. If you are positive that you wish to change your name back to your maiden name, then your request is listed in the Complaint for Divorce, which is the initial pleading filed with the Court. Most times, the wife is unsure whether she wants to keep her married name or change her name back to her maiden name. According to O.C.G.A. § 19-5-16, you can request to restore your maiden name in the Complaint for Divorce, but it is not final until your divorce is finalized. There is a section in the Final Judgment and Decree that specifically asks for the Court to restore the wife’s name back to her maiden name. If you desire to change your name back, then you will need to list the name as you would like it to appear on the Final Judgment and Decree. Once the judge signs the Final Judgment and Decree, you can change her name back to your maiden name.
Even though the judge signs the Final Judgment and Decree, there are several other steps that you must take to legally change your name on documents. When you obtain a copy of the Final Judgment and Decree signed by the judge, you are only receiving a date-stamped copy from the court. If you want to legally change your name on your social security card, your drivers license or your bank account, then you will need to obtain a certified copy of the Final Judgment and Decree. You can obtain a certified copy from the Clerk of Superior Court of the county in which your divorce was granted and depending on the size of the Final Judgment and Decree, it typically costs only a few dollars. Most clerk of court are open Monday through Friday from 8:00 a.m. to 5:00 p.m. and closed on certain holidays. Before driving to the courthouse, it is recommended that you contact the Clerk’s office for their particular hours of operation.
Once you have obtained the certified copy of the Final Judgment and Decree, you will need to go to the Georgia Department of Driver Services to change your name on your drivers license and you will need to travel to your local Social Security Administration office to change the name on your social security card. According to Georgia Law, you have sixty days to change your name with the Georgia Department of Driver Services and the name on your drivers license must match the one on your social security card. If the names do not match, then your license will be cancelled. In addition to the Social Security Administration and the Georgia Department of Driver Services, you will also need to change your name with your credit card companies, banks, and employer and whatever other accounts list your married name.
In addition, if you did not put that you want to restore your maiden name in the Final Judgment and Decree, but you realize after your divorce is finalized that you would like to change your name back to your maiden name, then you will have to file a petition for name change with the court, which is a separate legal action from the divorce.
