90,000+ Legal Questions Answered
Name change after Divorce
3 years ago
My sister got divorce decree on October 2019. She has five year daughter having custody with her. Now she want to change her name back with old name back as was as before marriage. We are from vadodara Gujarat. Her lawyer says name change process is done only at tailor in Gujarat. Is it possible to change name just by presenting the divorce decree lime after marriage name changed with only marriage certificate?
Adv. Sarika Khude
Responded 3 years ago
A.She will have to petition in the court for a legal name change order
Helpful
Helpful
Share
A.Hi client,
As she has failed to include the name change issue in the petition of divorce. She has to go through a long procedure by again moving it before the Ld. Court. But it can be received nothing impossible. Consult an advocate for a better drafted name change petition.
Thanks and regards
As she has failed to include the name change issue in the petition of divorce. She has to go through a long procedure by again moving it before the Ld. Court. But it can be received nothing impossible. Consult an advocate for a better drafted name change petition.
Thanks and regards
Helpful
Helpful
Share
A.Dear Sir,
How to Change a Child’s Name/Surname After Divorce
________________________________________
The legal surname of the child is the surname nominated by the registering parent or parents at the time of the child’s birth. This is often the surname of the child’s father.
In the event the relationship between the parents subsequently breaks down, then one of the parents of the child may wish to change the child’s surname. This usually happens if the mother has adopted the father’s surname at the time of marriage, and subsequently wishes to revert to her maiden name after separation. So that the child does not have a different surname to the mother in that instance, the mother might then seek to change the child’s surname to her own maiden name or hyphenate her maiden name with the father’s name.
In other situations, the mother of the child may remarry and adopt her new husband’s surname and seek that the child from her first marriage also adopt her new husband’s surname. This is particularly the case if the father of the child is estranged from the child and the child views her mother’s second husband as his or her paternal figure.
How to change a child’s name if both parents consent
In the event that the child’s parents are listed on the child’s birth certificate and both consent to a change of name, then the parents may jointly register an application to register a change of name at the Office of Births, Deaths and Marriages.
How to change a child’s name if both parents do not agree
In the event one parent wishes to change a child’s name, and this is opposed by the other parent, then it is advisable the parties participate in mediation to try to resolve the matter. Depending upon the age of the child, the parties may consider that the child also participates in the mediation so they may take into account any views expressed by the child, especially if the child is a teenager.
FATHERERS NAME REMAINS EVEN AFTER DIVORCE SINCE THE CHILD BORNTO THAT FATHE…… IF EX-FATHER DISPUTES LET HIM GO TO THE COURT.
Please give me Rank 5 if you feel my answer helped you.
How to Change a Child’s Name/Surname After Divorce
________________________________________
The legal surname of the child is the surname nominated by the registering parent or parents at the time of the child’s birth. This is often the surname of the child’s father.
In the event the relationship between the parents subsequently breaks down, then one of the parents of the child may wish to change the child’s surname. This usually happens if the mother has adopted the father’s surname at the time of marriage, and subsequently wishes to revert to her maiden name after separation. So that the child does not have a different surname to the mother in that instance, the mother might then seek to change the child’s surname to her own maiden name or hyphenate her maiden name with the father’s name.
In other situations, the mother of the child may remarry and adopt her new husband’s surname and seek that the child from her first marriage also adopt her new husband’s surname. This is particularly the case if the father of the child is estranged from the child and the child views her mother’s second husband as his or her paternal figure.
How to change a child’s name if both parents consent
In the event that the child’s parents are listed on the child’s birth certificate and both consent to a change of name, then the parents may jointly register an application to register a change of name at the Office of Births, Deaths and Marriages.
How to change a child’s name if both parents do not agree
In the event one parent wishes to change a child’s name, and this is opposed by the other parent, then it is advisable the parties participate in mediation to try to resolve the matter. Depending upon the age of the child, the parties may consider that the child also participates in the mediation so they may take into account any views expressed by the child, especially if the child is a teenager.
FATHERERS NAME REMAINS EVEN AFTER DIVORCE SINCE THE CHILD BORNTO THAT FATHE…… IF EX-FATHER DISPUTES LET HIM GO TO THE COURT.
Please give me Rank 5 if you feel my answer helped you.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 3 years ago
A.Always have your attorney include a name change order restoring your maiden name in your divorce decree. If women do not have a name change order within their divorce decree, they will have to petition the court system for a legal name change order — an expensive and tenuous process.
Helpful
Helpful
Share
Read Related Answers
Marriage problem
Dear Sir,
Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
My wife hardly stays with me what should I do
Dear Sir,
First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
Divorce case
Dear Client,
In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
Husband harrasment
Dear Client,
In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
Mental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam,
Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
