Changing Name After Divorce

Methods for Changing Name After Divorce

Online Legal India LogoBy Online Legal India Published On 09 Mar 2023 Category Legal

A divorce is a dissolution of marriage that splits a couple's marital connection. As a result, a divorce may be an upsetting experience for a couple. As a result, some women opt to alter their surnames, while others do not prevent issues with their children's names in legal papers.

After a divorce, changing your name might represent a fresh start in life. While changing your name, you can keep your maiden name or alter your entire name. The method is straightforward as long as you have the proper legal paperwork and understand India's name-changing process.

Name Change After Divorce

A woman has the right to preserve her husband's name even after divorce, in the same way that she has the right to alter her surname after marriage. Some women opt to keep their ex-surname husbands for reasons such as sharing the same surname with their children, while others prefer to alter their surname as part of moving on.

Name Change Through Court Decree

  • To have your name changed by court order in India, you must file a statement stating that you will be known as 'B' (new name) from the date of the decree mentioned above and that your name in certificates will be read as 'B'.
  • The court will next order the printing of a notice in two newspapers (one regional and one English daily), informing the public that you have filed a suit to change your name from 'A' to 'B.'
  • The court will next allow the general public to register their objections to the name as mentioned above.
  • If someone has an objection, they must submit it to the appropriate court.
  • If no objection is filed within the statutory time frame, you must show sufficient evidence to the court to support your claim.
  • Your evidence must take the form of a statement in court stating that your name is 'A' and you wish to change it to 'B.'
  • You must provide documentary evidence to establish that your name is 'A,' which includes your birth certificate and other documents with your current name inscribed. In your statement of proof, you must declare that your name in the papers mentioned above should be read as........(new name) instead of the name given.
  • Present all original papers before the court and save photocopies as proof.
  • Your second witness should be your father or, in his absence, your mother. They should present proof proving that you are their son. Their remarks should back up the evidence you've submitted. Nevertheless, this is not required.
  • After reviewing your proof, the court will issue an order saying that you have changed your name from 'A' to 'B' and will be known as 'B' from now on.

All of the above processes take a significant amount of time and money. In today's fast-paced world, the question is how one will find the time to go through such arduous procedures and how long such methods will take to obtain a name change.

There is, however, a remedy to such a situation. You can choose to have your name changed through Gazette publishing and say goodbye to the time-consuming process of changing your name. The Gazette publication approach is more efficient, simple, and legally binding. 

When Your Divorce is Finalised

If there were no mention of returning to your old name in your divorce order, you would have to petition for a name change through a gazette publication. Whilst you may resume using your maiden name informally, the law compels you to alter your name through a legal procedure that comprises the following three steps:

Obtaining an Affidavit

  • You must go to a local notary office and fill out an affidavit indicating your present name, proposed name, current address, and the purpose for the name change.
  • This affidavit must be signed by two witnesses and printed on stamp paper of the value specified by the local notary. The method necessitates the legal signatures of two gazetted officers and using a rubber stamp.
  • You must save a copy of the affidavit for future legal requirements.
  • If you stay in a foreign country, you can obtain a deed stating the specifics of your name change and have it signed by the Indian Embassy or the Indian High Commission Office.

Publish through Newspapers

  • You will be required to advertise your name change in two local newspapers. One should be in the native tongue and the other in English.
  • You may get advice on the format from any newspaper agency since they have a whole department dedicated to such adverts.
  • After publishing, keep as many original copies of the adverts as possible for future use. You should also keep scanned documents of the advertising.

The Publication of An Article in The Gazette

1. A gazette notice is solid evidence of a name change.

2. For the gazette notification, you must provide the following papers:

  • a 'Deed Changing Name Form' obtained from the Controller of Publication or a letter outlining the need for the name change
  • Authentic reproductions of newspaper advertising
  • Two authenticated images
  • ID and address documents with the same address as in the newspaper advertisement, as well as an affidavit

3. You can send the papers as soon as possible to the Controller of Publication, Department of Publication, Civil Lines, Delhi 110054.

4. Your name change will be published in the official gazette after successful verification.

Documents Required

Adolescents and adults must provide these papers to get a Name Change in the Gazette. Among the documents are the following:

  • Application letter and Proforma stipulated by the gazette
  • Change of name affidavit
  • Individual ID Proof: Pan Card, Passport, Driving License, Aadhar Card, or Voters ID.
  • One passport-sized photograph
  • Copy of a newspaper publication
  • A marriage certificate is optional (To prove marriage had already existed), Affidavit (In case of any child adoption, an affidavit works nicely) (In case of any child adoption, an affidavit works well), Divorce documents (In case of applying for Divorce).

Conclusion
Formerly, seeking a name change in India required a lot of paperwork and took a long time. Online Legal India provides divorce legal consultation. Our Help staff will assist you with changing your name, which entails an affidavit, posting newspaper advertisements, and supplying other papers required for the Gazette notice.
 


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