Name change w/out divorce

Hello. I am wanting to change my name back to my maiden but we are not in process of divorce but with no reconciliation of marriage. We just don’t want to go through all the legal work right now because nothing is messy.

Asked on February 19, 2019 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You just need to file a petition for a name change.  After the petition is filed, you will need to obtain an official copy of your criminal history (so that the judge knows you are not trying to escape a felony history).  After that, you will appear before the judge and give a little bit of testimony explaining why you want the name change.  Then, you will need to present the judge with a proposed order granting the name change.  If you don't want to hire an attorney to represent you for the full process, then you may want to consider hiring an attorney only to draft the two documents that you will need (the petition and the order).  Drafting is much cheaper than full representation.
If you think that the two of you might get a divorce in the near future, you may want to consider a divorce action.  Whether you file a divorce or a petition for a name change, the filing fee with the district clerk will be the same....getting a divorce and a name change is more bang for your buck.

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