Sunday, August 14, 2022

How To Change Your Name With Social Security After Divorce

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How Do You Get A New Social Security Card After A Name Change

Changing Name With Social Security After Divorce

Suppose you change your name. How easy is it to change your Social Security registration and get a new card?

Its not very difficult. Heres what you need to do, according to The Social Security Administration:

;If the document meets certain criteria, you may only need to mail us your SSN card application and your;original or certified;name change document. The name change document can be used as both an identity and name change document if it is not a birth certificate and the name change event occurred within the past two years and has the applicants prior name and biographical information , which matches data on our records.

Below are examples of acceptable documents for a name change:

  • Proof of Name Change
  • U.S. Indian Tribal ID card
  • Final adoption decree

How Does Social Security Office Know If You Are Married Or Divorced

The Social Security Administration is an organization that issues your Social Security Card. The number on your Social Security Card is yours alone; no one else has the same number as you. The Social Security Administration does not keep track of your personal life; when you become married or divorced the agency is not notified of the change in your legal status unless you change your name and notify the agency yourself. The SSA receives no notification of your marital status unless notified by you; however, you only have to notify the agency if your name changes.

Does It Cost Anything To Change My Name

It generally depends on your divorce decree. Again, you may not need to do or pay for anything more than getting a certified copy of the decree. Check with the clerk of the court where your divorce proceeding was handled. While changing your name after divorce may seem daunting, there may be an easy route for you.

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Update Your Last Name On Legal And Personal Records

Whether you include your name change as part of your divorce or obtain a separate court order after getting divorced, you need to take additional action to use your maiden name again.

The divorce decree or separate court order is legal proof that you can change your last name on your driver’s license, Social Security records, passport, bank and investment accounts, insurance policies, and other places. Provide the decree or court order to government agencies and financial account holders so they can update your records. You may need to complete additional provider-specific paperwork to make these changes official.

You have the right to use your maiden name again after getting a divorce. To avoid potential problems, be sure to use official legal channels as described above to change your name rather than simply signing your maiden name again after your divorce.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.

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Can I Change My Name Through Common Law Marriage

FREE 7+ Sample Social Security Name Change Forms in PDF

Colorado law respects the common law rule that says you can change your name whenever you wish, as long as you’re not trying to commit fraud.

Does this mean you can change your name through common law marriage? The answer is no. There is no common law marriage name change loophole.

The Social Security Administration, DMV, and other federal agencies will not recognize common law marriage as valid grounds for a legal name change in Colorado.

You’ll either have to get married with a marriage license or file a name change petition in court. A certified copy of your later marriage certificate or court order will serve as proof of your name change event.

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Assuming Your Partner’s Name

Whether you are assuming your partner’s name or hyphenating it with your own, you don’t actually have to document this on the marriage application, license, or certificate. A certified copy of your marriage certificate along is sufficient to enforce a name change request. In order to receive these copies, you must request them from the county clerk’s office as you turn in the initial marriage license and marriage certificate document for their records.

Remember, you must make a payment of $1.25 for each certified copy you request. It’s even better to save time by preordering a copy at the same time you apply for your marriage license so that it’s automatically mailed to your after your marriage license has been successfully recorded.

Divorce Decrees And Certificates

A divorce decree is an official document from the court that grants the termination of a marriage. It includes specific details of the divorce.

A divorce certificate is issued by a state vital records office. It shows that a divorce occurred but not all;the same information as a divorce decree. You can save time and money by determining which document you need before requesting a copy.

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Changing Your Name Due To Divorce

If your name is being changed due to divorce, then all you have to do is provide a copy of your divorce decree to the government or other institution that may require notification of your name change. This includes any administration that has your information, such as social security, DMV, post office, employer, schools, banks, and more.

You are making a big, life-changing decision to change your name after divorce, which is what many people choose to do as they are moving forward with their lives. You can call us for more information on how this process works, especially if you have stumbled across issues and have questions. We are waiting to hear from you at the Law Offices of Amy M. Montes.

Experienced. Dedicated. Distinguished.

Our legal team is dedicated to helping individuals achieve new beginnings after divorce and other complicated family law issues. Attorney Amy Montes’, dedication and experience led to her being named one of 2009’s Who’s Who in Orange County in Orange County Lawyers Magazine.

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Whose Name Is Taken In Marriage

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Many women prefer to take their husband’s last name once they are married. This is definitely an option, but there are no laws requiring a woman do this.

In a heterosexual marriage, the woman may choose to keep her own last name, hyphenate her last name with her husband’s in whatever order she chooses, choose to assume her husband’s last name, or even come up with a new last name altogether.

If you want to assume your partner’s last name , all you would have to do is use your marriage certificate as-is to effect a name change.

If you are still attached to your maiden name even after taking your partner’s last name, you can simply replace your former middle name with your maiden name when going through the name change process. That way, you are still able to maintain your pre-married identity and your family history.

However, if you or your partner chooses to change your last names altogether, changing your names on the certified copies of your marriage certificate alone will not suffice. To completely change your names, you must file a petition for a name change in court.

All the same laws apply if the husband wishes to change his name in marriage as well, either by assuming his wife’s name or by changing his last name entirely in a court-sanctioned petition.

There are several ways you can change your name after marriage, so let’s go into more detail on that

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Avoiding Social Security Fraud: Leave Your Social Security Card At Home

Once you receive your replacement Social Security card, lock it away in a safe place until you absolutely need it. Experts advise to avoid carrying your card around on a regular basis partly because of the risk of losing it again, and partly because you really dont need to present your Social Security card on a regular basis. In fact, one Social Security expert says that Social Security cards are irrelevant in the digital age, and the real priority should be targeted at fraud protection.

Its extremely rare that you need your actual Social Security card, says Steven J.J. Weisman, Esq., an Amherst, Massachusetts-based college professor whose expertise is in investigating white-collar crime. A Social Security number is the most important piece of information that a criminal can use to make you a victim of identity theft so you shouldnt carry it with you in your wallet, anyway.

But if you do lose your card, Weisman recommends taking direct action to protecting the cardholder from financial fraud.

Because of the danger of identity theft if your Social Security card is lost, you should put a credit freeze on your credit reports at each of the three major credit reporting agencies in order to prevent someone from leveraging the Social Security number into accessing your credit or establishing accounts in your name, he says.

Other data security experts agree, citing the high risk of losing a card if you cart it around in your wallet or pocketbook.

What Forms Do You Need

You’ll need to fill out Form SS-5. See the SSA’s instructions for getting a corrected card for full details. Chances are, you’ll be able to mail it to your local Social Security office, but some people may need to bring theirs in person. You’ll also need to submit:

  • Your legal name change document
  • Proof of identity
  • Proof of citizenship but this is only necessary if you haven’t already proved this to the SSA

Find the nearest office to you with the Social Security Administration office locator.

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Notice Of Petition For Change Of Name

After you file with the circuit court, a notice of your request will need to be published in a local newspaper . The form needed for publication is the;Notice of Petition for Change of Name. Prepare the form by filling in the applicable fields and signing your name.

Note:;The date and time of your hearing will be given to you by a clerk when you file your paperwork.

Does A Child’s Preference Factor Into Name Changes

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State rules differ on when courts should consider a child’s desire to change their name. Although a child’s preference isn’t controlling, usually a judge can consider an older child’s wishes regarding a name change. For example, if a teenager no longer wants the last name he grew up with, a judge is likely to grant a name change. However, a judge will probably give a younger child’s wishes less weight than other factors.

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Changing Your Name Upon Marriage

Once you are married and decide to take on the name of your new spouse it is your duty to notify the Social Security Administration. You must obtain a new Social Security Card stating your new name. The SSA will find out you are married when you file form SS-5 along with a certified copy of your marriage certificate. The SSA then notifies the Internal Revenue Service of your name change.

However, unless you file an SS-5 form with the SSA, the agency remains unaware of your marital status.

Accessing Your Personal Information

If you live in Canada, the Privacy Act gives you the right to access and correct personal information about yourself that is held by federal government organizations. This means you can ask for information about your SIN record.

To request copies of SIN application forms you have previously submitted:

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Do I Send My Drivers License To Social Security

If you dont have an online account or dont meet any one of the other criteria, youll have to fill out an application form and either mail it or take it to your local Social Security office. Youll need to provide a government-issued photo ID either a passport, a drivers license or a state-issued ID card.

What Documents Do You Need

How To Change Your Name After Marriage

You and your future spouse should head to a marriage licensing office in your LA parishoften, this is the Clerk of Court office. There, you’ll fill out a Louisiana marriage license application form. You’ll also need to provide state-issued IDs or passports, certified copies of your birth certificates and your Social Security numbers. If either of you was previously married, bring proof of that marriage ending too.

Before you go, check your office’s website for the full rundown of requirements. Some parishes also have their Louisiana marriage application form available online to fill out in advance.

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Complete Civil Case Sheet

To make sure all cases pass through the court smoothly and in a timely manner, you should file a civil case sheet with your Petition. Download the Civil Case Information Statement and complete all the appropriate fields. There is no defendant in a name change case, so you can leave that space blank.

Changing Your Name With The Ssa Requires The Following Steps:

  • Step 1: Fill out an application for a new Social Security card
  • Step 2: Show your divorce decree or court order for a name change
  • Step 3: Show proof of your residence or U.S. citizenship
  • Step 4: Prove your age and identity

The SSA will send you a new card with your changed name in two to three weeks. Upon receipt, check to ensure your SSN is the same.

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What Original Documents Do I Need

Citizenship

If you have not already established your U.S. citizenship with us, we need to see proof of U.S. citizenship. We can accept only certain documents as proof of U.S. citizenship. These include:

  • U.S. passport;

We require this documentation only if you haveNOT already established U.S. citizenship with us.

Name Change

If you need to change your name on your Social Security card, you must show us proof of your legal name change. Documents Social Security may accept to prove a legal name change include:

  • Certificate of Naturalization showing the new name; or
  • Court order approving the name change.

If the document you provide as evidence of a legal name change does not give us enough information to identify you in our records or if you changed your name more than two years ago , you must show us an identity document in your prior name . We will accept an identity document in your old name that has expired.

If you do not have an identity document in your prior name, we may accept an unexpired identity document in your new name as long as we can properly establish your identity in our records.

Identity

We can accept only certain documents as proof of identity. For example, as proof of identity Social Security must see:

  • U.S. driver’s license;
  • State-issued non-driver identification card; or
  • U.S. passport.
  • Employee identification card;
  • Health insurance card ; or
  • U.S. military identification card.

Note

How To Change Your Name During A Divorce

Social Security Card Name Change After Marriage

If you’re getting divorced and you know you want to go back to using the name you had before your marriage, it’s best to handle the name change during your divorce proceedings. In most states, you can include your request for a name change in the divorce paperwork. If you wait to submit a name change request until after the divorce is final, though, you might have to file a separate petition and pay an additional filing fee.

Even if your state divorce petition form doesn’t have a place where you can ask for a name change, you might be able to request a name change in the final divorce order or as part of your marital settlement agreement. After the judge signs the final divorce order approving your name change, your new name will appear in the final divorce decree or order.

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The Importance Of Protecting Your Sin

Your SIN is confidential. You should not use it as identification or provide it for job applications, rental applications, etc. See Protecting your social insurance number for information on:

  • when to use your SIN
  • how to protect your SIN, and
  • what you should do if you suspect someone is using your SIN

How To Get A Passport Name Change

If you have a US passport, start the name change process for it next, since it takes a bit of time to complete . It’s also important for future travelyou don’t want to get stuck at the airport because they can’t verify your identity!

First, check on your current passport to see what shape it’s inthat will dictate exactly how you’ll go about changing your name on it. See the Department of State guide to correcting or changing a passport for the full scoop, but here’s a little cheat sheet on what you’ll have to do.

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Original Card For A Us Born Child

Important

Social Security must verify a birth record for all U.S.-born applicants who apply for an original SSN. An exception is made for a parent who applies for a baby’s SSN at the hospital when the baby is born. To verify a birth record, we will contact the office that issued it.

All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents. We also cannot accept a receipt showing you applied for the document.

Get a certified copy of a document showing a birth, marriage or divorce that took place in the United States.

Adoption

In some cases, we can assign your adopted child a number before the adoption is complete, but you may want to wait. Then, you can apply for the number using your child’s new name. If you want to claim your child for tax purposes while the adoption is still pending, contact the Internal Revenue Service for Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions. For more information, see Social Security Numbers For Children .

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