Under Wisconsin Statute 767.395, either spouse can change their last name when a divorce judgement is granted. You can go back to any last name you legally previously held. This is not a time when someone can change their name to something new.
As stated in Wisconsin Statute 767.395, when a divorce judgement is granted, the court official gives either spouse the ability to go back to a former legal surname. A spouse can only elect to resume the use of a former legal surname and cannot change his/her first name.
Additionally, a spouse cannot elect to use a different surname, for example a family name, relative’s name, friend’s name, but must resume the use of a former surname that they have legally used in the past. For example, if someone was born Tammy Smith, married twice, first becoming Tammy Johnson and then Tammy Fredrick, then in the second divorce, Tammy could go back to Smith or Johnson.
The option to resume the use of a former legal surname is available to both spouses, but you do not have a say as to whether or not your spouse elects to resume the use of a former legal surname. Often times, when one spouse takes the surname of their spouse at the time of marriage, the person born with that surname wants to decide whether or not the spouse continues the use of that surname. The court allows the spouse to keep their married last name, even if the ex-spouse does not agree.
At the time of the final divorce hearing, whether it is a stipulated, default hearing or a contested final hearing, both spouses are asked if they wish to resume the use of a former legal surname. Under oath, each person makes their decision. If they pick a former legal surname, they will spell that name for the court record. Most often, when the court official addresses the parties, they will address the parties using the names they’ve elected to keep or resume.
Once the divorce is granted, that name change is effective immediately—even before you receive the signed judgment of divorce. You will need certified copies of the divorce judgment to update official documents. The divorce judgment will specifically state that you have been granted the use of a former legal surname and will state that name in the document. It is important to be sure that you spell the name for the court record so that the documents match the name you wish to resume. The formal name of the document you are requesting is the Findings of Fact, Conclusions of Law, and Judgment of Divorce. You can request a certified copy by calling the Clerk of Court’s office for the County of which the divorce was granted. You can also visit their office located within the county courthouse. It is recommended that you obtain at least 3-5 certified copies, as you will need them for various third-party agencies.
While there is not a deadline to immediately contact third parties such as Social Security Administration, Department of Motor Vehicles, etc., it is recommended that you take those steps sooner rather than later so that all records match your legal last name. It is easier to do it now when you have easy access to your divorce judgment, which is necessary to effectuate the change. Additionally, there may be inherent timelines built into the third parties’ processes, such that an additional fee may be required if you wait longer.
You cannot elect to change a minor child’s last name as part of a divorce action. A minor child’s last name can only be changed in a paternity action prior to the adjudication of paternity. If the parties cannot agree on a last name for the minor child, the court shall hyphenate the minor child’s last name.
At any point in time, you can petition the court to change your name or a minor child’s name. There are step-by-step guides to changing your name or a child’s name available at www.wicourts.gov.
You cannot change your first name as part of a divorce action. Either spouse can only elect to resume the use of a former legal surname. If you wish to change your first name, or a child’s first name, you must petition the court for a formal name change. A step-by-step guide, including the necessary forms and pleadings to file, are available at www.wicourts.gov.
It is important that you change your name with any relevant third-party agency, such as the Social Security Administration or the Department of Motor Vehicles.
Once you have a certified copy of your divorce judgment, first go to the Social Security Administration to apply for updated social security cards. I recommend visiting their website to schedule an appointment and complete any necessary paperwork prior to the appointment.
Once you have changed your name with the Social Security Administration, visit your local Department of Motor Vehicles to update your driver’s license or State ID. Again, I recommend visiting their website to schedule an appointment and complete any necessary paperwork prior to the appointment.
Once you have changed your name with the Social Security Administration and the Department of Motor Vehicles, you should update your name on your passport. When your passport was issued and when your name change occurred affects the specific steps to take to change your name on your passport. I recommend visiting the Department of State at travel.state.gov to determine what forms must be completed to update your passport.
To update your voter registration, you can wait until the next election, or you can visit your state’s voter registration website. For Wisconsin residents, visit www.myvote.wi.gov to update your name or address for the next election.
To update your legal name with your employer, contact your Human Resources Department to inform them of your name change. They will have forms for you to complete to update your employee file.
To update your name on your financial accounts, contact the account holders and provide them with a copy of the divorce judgment changing your surname. They will likely have forms for you to complete to update your accounts. You should also contact all creditors to advise them of your name change. This change often can be effectuated through the online portals available for these financial accounts.
For any other accounts, contact the account holder and provide them with the necessary documentation and verification to update your legal surname. Other accounts to update are your insurance providers (health, auto, life, and homeowners) as well as utility companies. Each institution will have its own process and requirements, so it’s best to contact them directly to confirm what documents they need.
