Name Change After Divorce In India – Know About Name Change Process

Name Change After Divorce In India – Know About Name Change Process

Name change after divorce in India – Particularly in India, divorce is not an easy process because there are families involved with both spouses and hearts broken, but they knew they couldn’t live together, so they chose divorce. After getting involved, women had to change their names since they could not live with their partner’s name. There are many legalities involved in divorce, which makes it a stressful process for both families. The name change process after divorce in India is not only important but also essential for women to reclaim their lives. In this article, we will tell you how easy it is to Name change after divorce in India so that one emotional turmoil can be removed.

Why Should One Change Their Name After Divorce?

Many people think they can live with their spouse’s name after divorce and don’t need to change back to their maiden name. However, changing names after divorce is good for women mentally, and there are also many benefits for women.

  • Fresh emotional start: Divorce can be an emotional fresh start for women. By removing their husband’s name, they can feel independent and can start their life again with new hope and higher expectations. Women are not changing their names but are getting themselves a whole new identity after being with someone for too long. They are stepping out of their comfort zone and begin their new life.
  • Legal benefits: People who change back to their maiden name, have shown that they have to undergo fewer legalities. The process of changing the name in their documents will be easier as they have to revert to their maiden name.
  • Professional reasons: A name is a very important thing. Our names hold our status in the personal as well as professional world. People remember you because of your work. Women who have become housemaids because of marriage cannot refresh themselves with their maiden name and step into the service sector and make a name for themselves. 

By keeping all the points in your mind, you should decide to change your name after divorce. It doesn’t matter whether will be for a fresh start, professional reasons, or religious beliefs, but women should carefully think about making any decisions because is a critical decision, and the name change process after divorce in India might be a bit difficult to some women but if you want to start something, you have to learn to make harder choices in life.

Documents Required For Name Change After Divorce In India

All the documents you will need to change name after divorce by choosing any method are listed below:-

  • Identity proof of the woman like an AADHAR card, PAN card, etc anything that can prove her identity.
  • A proof of address will be needed and above mentioned documents will work as the proof of address.
  • A copy will be needed of the divorce of the court of law.
  • A copy of the newspaper articles that have been published.
  • A copy of the affidavit was submitted to the notary. 
  • Two witnesses will be required to present in the court of law with their identity proof to verify the name change process after divorce in India. 

Read More:- Name Change Minor In India

India Legal Framework For Name Change Process After Divorce In India

You can Name change after divorce in India through three methods which should be known to everybody and from above you can decide which type of legal method is suitable for you.

The Court Decree Method

When a person has to change their name through the court method, they have to file a petition to the court which includes certain legal steps that are necessary to be followed. The above is the simplified explanation of the method through court decree.

  • The person has to file a petition and submit it to the court of law.
  • The court will publish the name change in the newspapers.
  • Some time will be given to the public to change your name.
  • At last, when everything is done court will give you an official decree of name change.

The above method is most commonly used by people.

The Gazette publication method

If a woman wants to go through the name change process after divorce in India, then they should adopt this method

  • Create an affidavit by taking a form from the notary office and submitting it to the authorities.
  • Next, the person has to publish two newspaper articles 
  • At last, publish a form to the Official Gazette of India.

This method is the fastest to make changes to your name, and this and the above method both are common to the name change process after divorce in India.

State v/s Central Gazette

People have two options to publish their name change in the state or to the central. Both are different from each other.

State Gazette will stay within your state only and is a fast and less expensive process

Central Gazette will be published worldwide, will take too long to publish and is an expensive process. 

Full Procedure Step-By-Step For Name Change Process After Divorcee In India

The above two most common methods will explained in detail for the name change process after divorce in India.

Name change through court decree

Below are the steps that should be followed to change name after divorce:-

  • The first thing that you should do is consult your lawyer and file for a petition to change your name. This will include a declaration and all the details of changing one’s name, and all the identity proof will be required to start the legal work.
  • Next, a mandatory step is needed in which the candidate has to publish two newspaper articles.
  • After the publication of articles, there is a step of public obligation in which it is verified that anybody has any type of objection related to the name change process after divorce. The waiting period will be around 30 days.
  • After this, you have to submit all the needed documents to the court with the newspaper articles. 
  • Finally, the court will verify your documents and call for witnesses that will help to verify the identity of people.

Name change through Gazette

Below are the steps required to Name change after divorce through Gazette:-

  • Create an Affidavit- The first thing that you have to do is create an affidavit in which all the information, like maiden name, name after marriage, etc, will be written.
  • Publication of Newspaper- Like the above method you have to publish two articles in two different languages and publish them in their respective newspapers.
  • Gazette Notification- You have to publish an application to the Gazette by giving all the information of your name and attach all the documents with it, including a copy of newspaper articles and a copy of the affidavit.

Now by examining both methods, you can see which will be comfortable for you and start your name change after divorce in India.

Common mistakes to avoid during the name change process after divorcee in India

There are very silly mistakes made by people due to which their name change application has been denied. So, to avoid such mistakes, here are the most common errors to avoid during the name change process.

Submission of incorrect documents

This is the most common mistake made by people. They don’t double-check their documents and submit incorrect or half documents, leading to delays in their application. Submission of incorrect documents could also lead to rejection of the application, so people should take it very seriously while submitting the documents. 

Spelling errors

It might sound a bit foolish, but spelling could lead to a delay in application. Everybody should check their affidavit, newspaper articles, or Gazette application. Any spelling error could delay your application and will cost you time and money.

Not following the proper procedure

You should never avoid any step of the name change process after divorce in India. Skipping steps won’t make your application move early; it will only delay your procedure. There is a reason behind every step, so you should sincerely follow them without skipping anything.

From the above article, it is hoped that everybody is clear about the steps of the name change process and how crucial and significant it is, and nobody should take it lightly. 

The process might be easy, but the starting of it might be difficult for women as it is a life-altering decision for them and they have to think very hard to initiate the name change process after divorce. You should be very careful while making your decision, as you cannot go back and change everything. 

Costs Involved In The Name Change Process After Divorce

Just contact yourdoorstep if you wish to change your name after divorce. The process of changing your name costs only Rs.999.

Read Also:- Legal Heir Certificate Online In India

Frequently Asked Questions (FAQ)

Is there a time limit to changing the name after divorce?

No, there is no time limit for changing surname after divorce. You don’t have to make changes the second you get divorced; you can take your time and get sure of yourself then only you should change your name. There is no compulsion or time limit to change name after divorce.

Can a man change their name after marriage?

Yes, a man can change their name after marriage and put his wife’s surname in their name. Anybody can change their name after marriage, it is not necessary that a female only is required to change her name, male also can do it.

What is the cost involved in the name change process after divorce?

The affidavit will cost you Rs. 300-1000, the articles in newspapers will cost you around Rs. 500-2000 depending on the newspapers, and the Gazette publication will cost Rs. 700-1100.

How many witnesses are needed to verify the divorce procedure?

You will need at least two witnesses to verify the application for your name change after divorce in India.

How much will it take to change the name after divorce?

The duration of name changing process might differ as the newspaper article will take around a week to publish, the Gazette notification will take around a month, and other documents will

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