In many cases, when two people are married, one takes the legal last name of their new spouse. The question of whether or not to keep your legal name or revert to your former last name may be a key consideration in the event of the dissolution of the marital union.
Name changes following an Ottawa divorce will require that you go before the court, and the matter may entail additional complexities depending on the facts and circumstances of your case. A well-versed divorce lawyer from The Riley Divorce & Family Law Firm could provide essential advocacy throughout the name change process while managing any hurdles that may arise and could otherwise affect the outcome of your case.
There are multiple reasons you might want to change your name after obtaining your divorce in Ottawa. Sometimes, the simple connotation of having your last name tied to your former spouse could cause a range of negative feelings and emotions that, understandably, you do not want to follow you into this new phase of life. You may be looking for a fresh start, and a name change to your former surname could be part of that personal process.
While seeking a name change is technically a step you can take on your own, a lawyer can ensure that you understand the requirements and procedures involved while representing you through the entirety of the legal process, including at any court appearances. If you share children with your former spouse, changing your surname could be a choice to weigh carefully to ensure no confusion or impact on your day-to-day life with them.
A lawyer could also help you navigate a proposed name change during divorce proceedings. If you wish to seek a name change for your child, the law requires that there not be any separation agreement or court order previously barring you. There are other important points to consider before you seek a name change, and it is wise to consult with a lawyer before you pursue any course of action. For example, depending on the reasons for your divorce, you may find that a name change positively or negatively impacts your career and future ambitions.
If you wish to seek a name change following a divorce in Ottawa, you must be at least 16 and have resided in Ontario for no less than one year. The standard documents required to apply for a name change include the application and, for some individuals, a form that initiates a police record check.
These forms can be submitted with the appropriate application fees in person or by mail. Understand that the court can deny your requested name change if they suspect an irregular basis of your application or fraud or believe that affirming the name change would cause confusion.
If you are still legally married, you will need to submit additional paperwork along with your name change documentation. Bear in mind that if your name change is approved, you will also need to proceed to change your name on other vital documents, such as your driver’s license, vehicle registration, and health care.
The process can be considerably more complicated if you are interested in seeking a name change for your child in Ottawa following your divorce. Your child must consent to the name change depending on their age. This requirement applies to children 12 and up. The child must be 17 or younger, unmarried, and have resided in Ontario for at least a year for you to seek a name change on their behalf.
Your child’s other parent must also consent to the name change, assuming they have decision-making responsibility for the child, as must any other individual with decision-making responsibility for your child. Given the sensitivity of a proposed name change, it is not uncommon for these matters to be contested by the child’s other parent.
If a separation agreement or existing court order prevents you from obtaining a name change for your child, this can serve as a legal bar. Moreover, you must provide additional documentation with the application concerning details of parenting time or decision-making responsibility when seeking a name change for your child.
Name changes following an Ottawa divorce should not be taken lightly. You may want to weigh multiple factors carefully before formalizing this change. A seasoned lawyer who regularly assists clients with these and other matters that often arise after divorce proceedings could offer advice tailored to your case.
It is wise to consult a practiced lawyer from The Riley Divorce & Family Law Firm who could explain everything you should know about name changes and help you file the proper paperwork to formalize this process. Our firm is available 24/7 to answer your questions and assist with your legal needs. Call today to schedule a consultation.
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