In South Carolina, changing your name following a divorce is specific and guided by state laws. You can revert to your maiden name as part of the divorce proceeding. But, if you wish to adopt an entirely new name or didn’t include a name change request in your divorce petition, you must follow a different process. Understanding these steps is crucial for setting realistic expectations about this transition.
Steps to adopt a new name
The first requirement for changing your name is residency. Specifically, you must have been a resident of South Carolina for at least six months.
Next, you must write a petition to a family court judge in your circuit. This petition should explain why you want to change your name, provide your age and offer details about your birth and current residence. You should also specify the new name you wish to adopt.
Once your petition is ready, there are several documents you need to attach to it or provide to the court:
- The results of a fingerprint and criminal background check from the State Law Enforcement Division
- An affidavit signed by you stating whether you’re under a court order to pay child support or alimony
- A statement from the State Law Enforcement Division indicating whether you’re listed on the division’s sex offender registry
- An affidavit stating that you’ve been a resident of South Carolina for at least six months, along with proof of residency
The court may conduct a hearing on your petition and request your presence. After reviewing your petition and the reasons for the change, the judge will make a decision. If approved, the court will process your request and your new name will become your legal identity for all intents and purposes.
Counsel in legal matters
After legally changing your name, you can use your new name in all legal proceedings, and all your legal obligations and rights will carry over to your new name. However, getting to this point can be challenging. You might face obstacles in gathering all the necessary documents or understanding the legal language involved. So, consider seeking a legal professional. They can help you navigate this process, enabling you to start a new chapter under your new name.
