If a party wants to have a former name restored following a divorce, it is typically cheapest and most convenient to have it restored at the time the Final Judgment is entered in connection with the Dissolution of Marriage proceedings. If a party is seeking to have a name change unconnected with divorce, a separate action must be initiated.
If a party is seeking to have a former name restored, no finger print card is required. If a party is seeking to change his/her name to a name he/she has never previously had, the court will require the party to secure and submit a finger print card which was taken in a manner approved by the Department of Law Enforcement. The finger print card will then be sent to the Department of Law Enforcement for a state and national criminal records search. A final hearing granting the name change cannot be scheduled until this process, if required, is complete.
In order for a name change to be granted, the court must determine that the request is not being made with an ulterior or illegal purpose. The request must not be made with the intent to defraud creditors, evade criminal charges or escape civil liability.