According to the laws of the Russian Federation, our compatriots can change their last name both on their own initiative and under certain circumstances. One of these circumstances is divorce, after which former spouses can change their last name or remain the same.
This question is most relevant for a woman who decides to return to her maiden name after a divorce. At the same time, many divorced wives do not want to change anything in order to avoid the “long-lasting” bureaucratic procedure that is associated with changing personal data. Everyone knows that after making changes to personal data, almost all documents need to be changed, and this (in the opinion of many) is an unnecessary waste of money, time and nerve cells.
Is it so? Do I need to change my last name at all? And if so, what documents are needed for this? And what documents, besides a civil passport, should be reissued? You will find answers to these and other questions in our article.
How to decide to change or keep your ex's last name?
Before implementing such an idea, you really need to think seriously about the advisability of spending time. Let's say right away that the process is very labor-intensive and requires a considerable amount of time. You will need to tinker with a lot of documents and learn bureaucratic mechanisms almost at the level of the main character of Kafkof's Castle.
Psychological reasons
If we consider this aspect, then we should even note, let’s say, psychological reasons. We are talking about a sound combination that you hear regularly.
Let's give an example. You respond to your own name more actively than to any other; it accompanies you throughout your entire existence, and this combination of sounds creates a specific response from your nervous system. The surname works in a similar way, although, as a rule, it is not used as often as the given name.
Therefore, psychologists and mystics almost always note the high significance of changing a family name. For the most part, they ask to pay attention to the changes that occurred after the change of name. How has your health and sense of self changed, how has your career and life changed, how have you started to feel about yourself and the world?
After that, see if it’s worth changing your last name after a divorce to a new one. If changing your surname had a positive effect, perhaps you should keep this sound code in your everyday life; if it had a negative effect, then vice versa.
Besides this, sometimes you just need to free yourself from the oppressive previous period and start again. Then returning to your own original name is a positive and symbolic step, which on an emotional level completely removes you from the previous relationship and releases you into a new stage. On the other hand, you may want to leave some part of your spouse in your memory and in yourself; many people actually leave their surname as a sign of warm relationships and feelings.
Household reasons
You can not only get used to the surname, but also have some conveniences in connection with this particular surname: various registrations, documents, and the like. Changing your last name after a divorce process is difficult and involves a waste of time and money.
It may also just be more convenient for you to use your previous family name, especially if the duration of the marriage is long.
Domestic reasons should also be considered very significant. If you don't currently need to change your last name after a divorce, don't do it, there is always an opportunity for this matter.
Husband insists
Divorce is an emotional process and is often associated with negative emotions that spouses throw out at each other. In particular, a man may demand to give up his own surname; this is most often done out of emotion.
Your spouse cannot force you to change your last name by any means, even in court. Therefore, you always choose how to act.
However, the modern mechanism for obtaining a first and last name provides everyone with complete independence. For example, parents can give their children almost any name and there are now children named Lettuce, Cherry and several girls named Arya, after Arya Stark from the popular series. Upon reaching adulthood, a person himself can change his own last name and first name in any way.
A modern surname indicates membership in a certain family and, probably, common ancestors, but is not property. Therefore, you can easily now classify yourself as a member of the Shuisky and other boyar families, and no one will quarter you or even scold you for giving such a name.
The situation is similar with a change of surname upon marriage; in fact, the wife does not take her husband’s surname, but changes hers to an identical one, let’s say, as a sign of solidarity. After divorce, a woman can also return her last name or keep the one she took. It all depends on the preferences of the passport holder and the husband, in fact, cannot influence this fact in any way; only you decide whether to change your last name after a divorce.
Can a husband force me to change my last name to my maiden name?
According to Article 36 “On Civil Status Acts” of the Federal Law of the Russian Federation, one of the spouses can change their surname upon marriage and keep it after a divorce, regardless of whether the second spouse is against it or not. That is, according to the law, you have every right to both keep your spouse’s surname and return your pre-marital name. This decision is made individually, depending on personal wishes and interests. Therefore, even if your husband insists that you change his last name, he is doing this on illegal grounds and will not achieve anything with requests alone.
In order to keep the spouse's surname or change it after a divorce, his consent in this situation is not required.
Is it possible not to change?
Let us repeat, no one can force you to change your last name, you can generally have almost any name in your passport, the main thing is to draw up these documents correctly and officially. Therefore, only your personal choice matters here.
As for whether you should do this, I can recommend a simple algorithm. You just need to weigh all the advantages and disadvantages, for example, use the reasons noted earlier:
- psychological;
- household
In addition, look at the factor of having children. When children stay with your husband, it is often useful to keep his last name. It is also advisable not to change anything if the children are with you, but do not change the last name.
Is it possible to leave it?
Is it worth staying and living on after a divorce with your husband's last name? Only the ex-wife can answer this question. Naturally, it is very convenient not to change your last name; you won’t have to fill out a bunch of documents, pay state fees, etc., but still, can this be done without the consent of the spouse and is it necessary to do it at all?
Very often there are situations where the ex-husband and wife have a very bad relationship and changing the surname is a psychological technique to forget about the past relationship. The legislation of the Russian Federation does not prohibit changing a surname after a divorce; any of the spouses can make a change and no one can stop him.
You can also change your last name not immediately, but after some time, since according to the law you can take any other last name whenever you want. Can a wife keep her husband's last name? Of course she can - this is her personal choice. The future life of the former spouses will not be affected whether the wife’s surname changes or not.
Last name change process
The process is very long and multifaceted. Therefore, we will try to cover as many different aspects as possible.
Collection of documents
The list of documents depends on the option you choose. The most convenient appendix to the divorce application is:
- additions in writing;
- additions in the form to the court decision on divorce.
The difference here lies in the absence or presence of minor children; if there are any, the divorce process is considered by the court and custody is determined.
Application to the registry office
Your registry office will issue a sample application; as a rule, the document is very simple and contains only basic information:
- Full name, date of birth, city, registration;
- reason for contact;
- information about children;
- last name;
- signature and current date.
Further attached is the fee, marriage, birth and birth certificates of minor children.
State tax
For this period, the fee is 1,600 rubles, but it is best to check this information and payment details at the registry office.
Consideration of the application
If you have collected all the previously specified documents and filled out the application correctly, you will receive a positive decision in no more than four weeks.
Issuance of a certificate
It is provided at the registry office, then you need to go change your passport and other documents with this certificate.
Change last name after time
The process is identical to the second option from the paragraph on required documents. Regardless of how long ago it was, you simply collect the required kit, go to the registry office, receive a decision and then change your passport and other documents.
Exchange of documents when changing surname
Within 30 days after receiving the certificate, you must contact the local office of the Federal Migration Service. You can also change your passport through the MFC. The 30-day period begins its reporting from the day following the day of official registration of the termination of the family relationship.
You must have with you:
- valid passport;
- a certificate from the registry office about changing the surname;
- 2 photographs;
- personal birth certificate to confirm the surname that the woman had before marriage;
- children's birth certificates (for children under 14 years of age).
To replace your SNILS, you can contact the MFC, the local branch of the pension fund, or your employer. You must have a civil passport, a divorce certificate and a valid SNILS with you.
To replace the TIN, you should visit the Federal Tax Service at your place of registration. The authorized employee must be provided with a valid TIN, divorce certificate and civil passport.
Foreign passports and valid visas are changed at the Federal Migration Service office or through the MFC. To replace, you must present a new civil passport, international passport and an application for the issuance of a new document. Men additionally attach a military ID. If a citizen tries to leave the country using a foreign passport with an old surname, then legal difficulties cannot be avoided. Therefore, it is recommended to change the document immediately.
Replacement of compulsory medical insurance policy
To replace your medical policy, you should go to the insurance company where the current compulsory medical insurance policy was issued. After presenting it along with a new civil passport, divorce certificate and SNILS, the citizen can receive a new policy. At the legislative level, the terms for replacing the policy are not regulated, so this procedure can be started at any free time.
At the traffic police, a woman will be able to replace her driver’s license. To do this, you will need to provide the traffic police officer with a new civil passport, a divorce certificate with existing vehicle documents and a certificate of medical examination. If the validity period of the certificate issued in the previous name has not expired, then you can present it.
In each case, the documentation package must be supplemented with a corresponding application and a receipt for payment of the state fee.
New information is added to the vehicle passport. It is also recommended to update the STS within 30 days. But there is no liability for missing a deadline.
Which documents should I change?
Next, we will consider some features of changing the surname in the main documents after receiving the certificate.
Confirmation of last name change
The main document for this is a special certificate, which is provided at the civil registration authorities.
How to change your passport
The passport is the main document of a citizen and you will need to change it first, and only then will it be advisable to deal with other documents. In fact, the process is not much different from changing your last name after marriage. You will also need to contact the Federal Migration Service for registration and provide a set of necessary documents.
Documentation
In order to begin the process, you will need to provide the following documentation to your Federal Migration Service:
- state duty receipt;
- certificate of divorce and birth;
- a couple of photos, according to the requirements of your FMS department;
- sample application;
- a copy of the children's birth certificate, if any.
The divorce certificate must be provided with a note indicating a change of surname, and if you changed your surname in the registry office after the divorce, then you need to provide a certificate from there.
Government duty
In order to pay for the work of the state, you need to pay a fee of 300 rubles. The original receipt is provided to the Federal Migration Service.
How much to wait?
When you have changed your records at the civil registry office, you are given only 4 weeks to contact the Federal Migration Service . Otherwise, you may be fined for using an invalid passport.
Changing a passport lasts no more than 10 days, which are counted after the complete set of documents is submitted and accepted.
State duty amount
According to Art. 333.26 of tax legislation, to change a surname, a citizen will have to pay a state fee in the amount of 1,600 rubles. The money is transferred according to the details of the government agency, which makes adjustments to the citizen’s personal information.
You can transfer the required amount through a banking organization, through a payment terminal or online banking system.
Upon dissolution of marriage:
- Divorce certificate – 650 rubles;
- New passport at the Federal Migration Service - 300 rubles.
We invite you to read: Pay clause in an employment contract
Cost of changing data on a general basis:
- Certificate from the registry office – 1000 rubles;
- Obtaining a passport – 300 rubles.
To save 30%, an application to replace a passport must be submitted on the State Services portal - the state fee at the Federal Migration Service will be 210 rubles.
When changes occur after the divorce has been filed, additional costs will be required to obtain new birth certificates for the children.
What documents should I change later and how?
Let's look at the documents where you will need to indicate your new/old last name.
International passport
Likewise, it is best to change your passport within 4 weeks after the change is recorded at the registry office. You will need to contact the departments of the Federal Migration Service that provide this opportunity.
Medical policy
This is also a document that can be of significant importance. According to the law, it is absolutely necessary to change, but no deadlines are set.
Contact the insurance company department at your address and they will provide the necessary documents.
Driver license
In general, you don’t have to change your rights, no one requires this, but if you change, you can save a lot of time in the future, especially when checking documents. You will need to write an application where you are registered (examination and registration department) and wait no more than 10 days to receive a new license.
Pension
You can change your pension card at work (but this is not possible everywhere) or at the Pension Fund.
One way or another, there are also no exact instructions here, but it is better to change the certificate.
TIN
You will need to contact the tax department and write an application. Next, you will be given a TIN, which will have an identical number, but your maiden name.
Bank cards and accounts
There is no need to formally change these accounts, but in fact it is best to rewrite all accounts and cards under a new surname. Especially if you regularly visit bank branches and they require you to present your passport for identification.
There are two options here:
- contact the bank branch and renew the agreement, reissue the cards;
- break the agreement with the bank before the divorce or change of surname and enter into an agreement again after changing the surname.
Although you will have to be without banking services for some period, the second option is more convenient. After all, if you reissue cards and reissue accounts, you may need to pay more and you will definitely need to accurately monitor all processes, since sometimes bank employees make mistakes and can, for example, change the last name in the main agreement, but not change it on some card or vice versa.
Education documents
These documents will not need to be changed, nor will it be necessary to change any educational certificates or, for example, certificates of completion of educational seminars.
Labor
Doesn't require replacement either. You just need to contact the personnel department where you work or get a job, they will make additions to the existing document.
In case of divorce, you can keep your husband's last name
Please help me get out of this hopeless situation. The worst thing is that children suffer in this situation.
8 years ago I divorced my husband. The divorce was difficult, the reason was due to constant beatings of me and the child, the child was 4 years old. My husband, drunk after a divorce, tried to steal the child, lost it, I barely found him, and then it took me a long time to put the child’s psyche in order. Memories of his father, who shouted that he would blow up our house and beat him, made him scream at night for a long time. Then the ex-husband discharged himself and went to live in Crimea (Ukraine), the condition being that he would leave us alone - if I did not file for alimony. I agreed to do anything if only the nightmare would stop. When leaving, he said that he wouldn’t help because now it was not his child. I do not insist, I believe that love and care should be sincere, and not by a court verdict. Since then, for 8 years, there has been no news from him or his numerous relatives and no material help. I don’t know where he is or if he’s even alive.
4 years have passed, I met a man, he treats my child very well. Completely contains it. The child loves his second husband very much and wants to take his last name (in 2 years he will receive a passport). My new husband’s family also loves my son very much and calls him theirs. And they constantly ask me when I will give the child their last name. This year we had a child together. And the question of adopting my child is urgent. This is the dream of my son and my husband.
In general, we live happily. But we have constant problems because of my first 7 o husband. The family was going abroad on vacation; they demanded permission for their son to leave from his father. And we don't even know where he is. that is, he, as a father, does not fulfill any duties, and because of him the child lost his vacation. I don’t receive children’s benefits for 1 child, because my social security company asked me for a certificate of income for 1 husband, but I don’t know where he is and I don’t want to look for him and cause injury to my son. And I don’t have contacts on how to look for him on the territory of another state. In general, the child suffered again - he was left without benefits from the state.
And then it gets even more interesting. For the 2nd child, from a completely different man, they also do not give benefits - since you need to bring a certificate of income of all family members, including my 1st son - a certificate of alimony. I tell them that we are not getting anything, they say bring a certificate. Now the second child is suffering. I understand that this is not the biggest money, but it’s still somehow insulting. The person left does not fulfill any duties and lives happily for himself; they do not require certificates of how he fulfills his duty to the born child, and we fulfill our duties to the children and we are constantly punished.
I read that in order to deprive paternity, one must apply for alimony, and if he evades them, then only then. But it hasn’t manifested itself in any way for eight years now, isn’t that enough? I filed a lawsuit for alimony - they tell me to find him, the court is not involved in the search. How will I look for him, and I don’t want to look for him, I don’t know what to expect from him. And it’s a pity to injure a child, how can you explain to a child that they just turned away from him, abandoned him and don’t want to know anything. According to some statements of the child, he hates his biological father.
How can you help a child get a real father whom he really loves, get his last name in our situation.
I read that you can get a certificate certified by a notary about the voluntary renunciation of rights to a child. The second husband suggested going to Crimea himself to find my ex and get this certificate. Is this certificate the basis for the court to deprive parental rights? Is the presence of the child’s father required at this trial if he refuses to go, or is only this certificate sufficient? We won't find him. How is it still possible for us to adopt my first child with my new husband?
thanks in advance.
How to change a child
Next, we will consider the option when the child remains with you, because in a situation where the children or the child remain with the spouse, it does not seem particularly appropriate to demand that the surname be changed to yours.
So, you decided to change your divorced surname to your maiden name, and there are two options:
- by mutual consent;
- with your intention and permission from the guardianship authorities.
If you change your surname, but mutual consent has not been received (and the spouse lives separately, but it is known where), you can get an appeal to the court; the ex-husband can claim to keep the surname and has grounds for this.
If the divorce was emotional and you feel anger or hostility towards your spouse, do not rush to change your children's last name.
You may want to get rid of all the elements that remind you of the past period, but you should think rationally based on the future benefits for your children. For example, if your spouse is wealthy or some of his relatives can benefit your children, you should not completely break such ties; think about the benefits for the upbringing and development of your children, and not just about your own feelings and prejudice.
On the other hand, there are options when you change the child’s surname unilaterally and obtain permission from the guardianship authorities. Here your spouse will not be able to challenge anything if you were given permission:
- when there is a man’s incapacity confirmed in court;
- when the spouse was deprived of parental rights;
- in the absence of payment of alimony;
- when you can’t establish where you live, you can’t get in touch;
- when he is not fully involved in upbringing, he is dismissive.
The presence of these factors allows you to independently contact the guardianship authorities and then change the child’s surname at your own discretion.
Consent of the second parent
This fact is recorded in writing and submitted to the relevant authorities. In particular, you will need to provide a copy of this decision.
In order to correctly draw up this document, it is advisable to contact a notary and draw up the original and certify the copy. You also don’t have to change your child’s last name after a divorce, and no consent is required for this.
If without the father's consent
As stated earlier, this is possible, but the consequences may vary. If the ex-spouse does not fall under the criteria that make his vote in this topic invalid, then after independently changing the child's surname, there may be legal proceedings initiated by the husband. In addition, after 14 years of age, the consent of the child himself is required, and children (even if they stay with you) may have two opinions on this matter.
Therefore, it is considered most correct to obtain consent whenever possible. Although, for example, if you change your child’s surname, and after that your ex-husband stops paying alimony and taking care of the child (children), then you can use these arguments in court in your own favor and the decision may be to approve the change of surname initiated by you.
Process
The process consists of interaction with guardianship authorities and contacting the registry office. First, you will need to obtain a decision (if the child is under 14 years old) from the guardianship authorities. At the same time, when a child is less than 14, but more than 10, the consent of the little citizen to the change is required.
The guardianship authorities are provided with:
- application for change of surname;
- birth certificate;
- Your passport;
- marriage certificates;
- sometimes the consent of the second parent, or documents that make his vote invalid (listed above).
After the approval decision, you submit this permit to the registry office, add there the child’s and marriage certificates and a state duty receipt.
Is it necessary to change your last name after a divorce?
A woman is prompted by various reasons to decide which surname to keep after a divorce. The spouse may have a grudge against her ex-husband or take the other spouse's surname. Based on Article 36 of the Family Code, the law establishes the free choice of a surname after the dissolution of marriage. Both spouses independently decide whether to change the data they used during marriage or return to their maiden name.
It is also worth finding out whether after a divorce it is possible to keep the husband’s surname after an indefinite period. As of 2021, the Law does not provide for a period during which you need to change your data - you can return your maiden name either immediately after a divorce or after several years. Therefore, if necessary, you can freely leave your husband’s last name after a divorce and not worry about it staying with you for life.
