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Name restoration in Colorado is a relatively straightforward legal process. At the time of Marriage, many people choose to change their names by either hyphenating their surname or by taking on the surname of their spouse. When a couple goes through a Divorce or Legal Separation in Colorado one may consider whether to restore their previous name. For various and personal reasons, people may be hesitant to change their names. In some instances, a person has carried their married name for many years and their personal and professional identities are tied to those names. In other instances, a person may not want to have a different surname from that of their children. For many, however, the restoration of a previous or maiden name is empowering and provides a symbol of transition away from their previous life and the beginning of a new one.
At the Time of Dissolution of Marriage
When a couple goes through a Divorce or Legal Separation in Colorado, the Court allows each Party to designate whether they want their previous name to be restored at the time a Decree is entered by the Court. This is the easiest process for restoring a prior name.
After the Decree of Dissolution has been entered
What if a person decides to restore their previous name after the Final Decree has already been entered by the Court? Until recently, the process to undergo a name change after a Decree had been entered was more complicated and followed the process required under civil law for anyone wishing to undergo a name change. This process required not only a background check but also the publication of the person’s name.
In September of 2016, this process changed with Colorado House Bill 16-1085. Under the new law, a person who has gone through a Divorce or Legal Separation may file a Motion with the Court requesting that their previous name be restored. No public notification of the person’s name change is required.
Our Colorado Family Law Attorneys are experienced with Colorado’s new name change process. Call us today and let us help you with the process of restoring your previous name.
If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.
Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.
If you have children and are going through a divorce, one of the hardest things to do is to tell your children. Learn more about the effects of divorce on children.
How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.
How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.
What are mandatory financial disclosures? Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.
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