It has been a tradition in the English-speaking parts of Canada for a wife to take their husband’s last name when they marry. Recently, ideas surrounding name changes have shifted, and some spouses choose to hyphenate or retain their surname.
When couples divorce or annul their marriage, it is common to undo these changes. Thankfully, the process does not have to be difficult. When you are weighing your options during the dissolution of your marriage, now is a good time to speak with a diligent divorce lawyer at The Riley Divorce & Family Law Firm about name changes following a Toronto divorce. Our lawyers could help you understand your options.
One of the most common options a person takes following a divorce is to revert to the last name they went by before they were married. With this option, the process is generally uncomplicated. The Toronto lawyer overseeing the divorce process from beginning to end could assist with the necessary paperwork for these name changing purposes as there are important documents you will need to fill out, including:
These documents must be in either French or English. If not, the documents must be translated.
If you relied on the discontinued Election to Change Surname form at the time you were married, these efforts should be particularly easy. Changing back to your last name will be as simple as filing a new form with the supporting documents within 90 days of the court finalizing the divorce decree. It costs $25 for this service, and you could submit the form in person or by mail. Within 6 to 8 weeks, you will receive a new birth certificate and Name Change certificate in the mail.
If you have waited beyond the 90-day period, you still have options. The opportunity to revert to a prior surname never goes away, but the process could become more complicated. After this time frame expires, you will be required to go through the standard name change system, which is much more complex and time-consuming than a simple election.
A well-versed lawyer from The Riley Divorce & Family Law Firm could assist with this process. The basic qualifications require a person to live in Ontario for at least 12 months and be over the age of 18. A person who is 16 or 17 may change their name with parental consent. Additionally, there are supporting documents that a lawyer could help compile and prepare. These documents include police records and something known as a Declaration of Conjugal Relationship, if you have one. There is also a filing fee that goes along with the application, and any name change must be approved.
While you have substantial leeway with what you call yourself, the same is not always true for the children shared with a former spouse. As opposed to the streamlined method you have access to in Toronto, altering your children’s surname requires court approval because there must be a final divorce order or separation agreement in place. The court must also consent to this change in the agreement.
These efforts cannot be done without first notifying the other parent. A judge will not issue a court order on this subject unless the other party has been formally informed and given a chance to be heard in court. This notification usually takes place during the divorce process, and there is no guarantee a judge will agree.
Nothing under the law prevents a person from keeping the name they took at the time of their marriage because legal rights or status is not attached. While this result is uncommon, a person facing the end of their marriage cannot force their soon-to-be former spouse to give up their married name.
It is understandable for a person to wish to erase the visible links they have to their former spouse after a divorce. When you are considering a name change following a Toronto divorce, your choice of lawyer is important. The lawyers at The Riley Divorce & Family Law Firm are familiar with this process and could help you understand your options during this challenging time.
Our lawyers are available 24/7 to help you. Call today for an initial consultation.
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