We are often asked how to change a name for a former or “maiden” name in divorce.
There are a few ways that someone going through a divorce can change their name:
First, and probably the easiest way, is to simply ask the court to include in the final divorce decree a change to a former or maiden name. Kansas statutes provide that, “Upon the request of a spouse, the court shall order the restoration of that spouse’s maiden or former name.” K.S.A. 23-2716 (2012).
Second, if the final divorce decree did not include a name change or if the name change was not requested during the divorce proceedings, Kansas statutes provide that Kansas courts have the power to “restore the spouse’s maiden or former name at or after the time the decree of divorce becomes final” by the requesting spouse filing an affidavit with the court asking that it order the name change. The form affidavit and order to be signed by the court is available here.
Third, if the person asking for the name change was not divorced in Kansas or wants to change their name to something other than a former or maiden name, that person must file a Name Change Petition and go through the formal filing of a new case under the Kansas Name Change procedure. The Kansas Name Change Procedure is found in Article 14 of Chapter 60 of the Kansas Statutes Annotated.