A Rose by Any Other Name: The Decision to Legally Change Your Name Following Your Divorce

By Attorney Renee A.R. Nawrocki, Of Counsel at Hansen & Hildebrand, S.C.

“A rose by any other name would smell as sweet” is a famous line from William Shakespeare’s Romeo and Juliet. The meaning of this well-known line would suggest that simply changing someone’s name does not change that individual’s nature or identity. But is it really that simple? In most instances, a party in a Wisconsin divorce may request that the Court restore that individual to a former legal surname as part of the divorce process, and the Court will grant the request. Surprisingly, however, the decision to legally change your name following your divorce can be a challenging decision.

Here are a few frequently asked questions on the topic:

Why does the decision to legally change my name feel so difficult?

Our names tend to be strongly tied to our identities, and contemplating a name change can be an emotional and introspective journey. 

For some, changing their name means they will no longer share a name with their children or other cherished loved ones; this can feel like a loss or life event to be grieved. Additionally, some individuals can feel overwhelmed about the name change process itself – the steps that must be completed to change your legal name on every account and important document you have can seem time-consuming and daunting.              

For others, changing their name signifies the completion of a significant transition within their lives – closing one chapter and beginning a new one. Rather than a loss, a name change can feel empowering as you look forward to a new and positive future.

Ultimately, the decision whether to change your name is a personal one. There is no right or wrong answer, and only you can decide what is the best decision for you.    

What documentation do I need to legally change my name?

When the Court approves your request to restore you to your former surname, the Court’s order is included in your Judgment of Divorce. The Court can also include your name change order in a separate court document entitled Abridgement Regarding Surname.  

After your divorce, you can also obtain a copy of your Divorce Certificate (like your Birth Certificate or Marriage Certificate) from the Wisconsin Department of Health Services.  

You will need one of these documents when you begin changing your name on your accounts and other important documents. 

Where do I begin in my name change process?

It is recommended that you begin your legal name change process by updating your name on your Social Security Card.  Once you have your updated Social Security Card, you can obtain a new Driver’s License or State ID at the Wisconsin Department of Motor Vehicles. From there, you can update your United States passport (be sure it’s the same as the name on any reservations), employment records, loan accounts, bank accounts, retirement accounts, credit cards, life insurance policies, membership cards, and any other necessary documentation. Each institution requires certain documentation and applications to proceed with completing your legal name change, so you may want to review their specific requirements online or call the institution before you visit in person. Making a list of the accounts and documents you need to update with your new legal name change can keep you organized and motivated.

Ready to Discuss Your Name Change or Divorce Questions?

If you have questions about legally changing your name following your divorce or any other divorce-related questions, the attorneys at Hansen and Hildebrand, S.C. can provide the information and guidance you need to make the decision that is right for you.

Attorney Renee A. R. Nawrocki is an experienced family lawyer who provides high-quality mediation for couples and personalized representation for individuals as part of the Hansen & Hildebrand team.