Divorce always becomes a difficult psychological test for most women, for this reason many of them want to return to their maiden name as soon as possible after the divorce. At the same time, some are frightened by the bureaucratic difficulties that may arise in the process of re-issuing most of the documents in addition to the Russian passport.
It is worth keeping in mind that the ex-wife has the right to keep her husband’s surname after obtaining a divorce, and he will not be able to interfere with such a decision. Mostly, women prefer to change their surname in order to completely erase their ex-spouse from their life if their marriage is considered unsuccessful and it was not possible to separate peacefully.
Where can I change my passport if I change my last name?
The first and main document that will have to be changed if you decide to change your last name is your passport.
A passport change after a divorce is carried out by the Federal Migration Service on the basis of a divorce certificate - a document confirming the divorce and the change in the surname of the spouse (spouses) in the civil registration records.
To replace your passport you will need the following package of documents:
- Receipt for payment of state duty in the amount of 350 rubles (Article 333.33 of the Tax Code of the Russian Federation as of now) with the original receipt attached;
- Birth certificate;
- A certificate of divorce indicating a change of surname, or a certificate of a change of surname if it was changed by the civil registry office after the divorce;
- 2 photographs of the established sample, which must be clarified directly at the FMS department;
- Application, which when submitting documents and according to the established template.
- Additionally, you will need to provide a copy of the children's birth certificates, if available.
Please note that changing a passport due to a change of surname after a divorce is subject to the same rules as changing a passport after marriage. After the civil registry office has made a note in your passport about the divorce and change of surname, you must contact the Federal Migration Service for a replacement passport no later than within 1 month. Otherwise, you may be fined when contacting the Federal Migration Service for using an invalid passport.
The period for replacing a passport, according to administrative regulations, cannot exceed 10 days from the date of acceptance of the entire package of documents.
Is it possible to change your last name while married?
In Art. 28 143-FZ “On Acts of Civil Status” states that in the process of registering a marriage union, both spouses have the legal right to independently determine what surname they will continue to bear: they will take a common one, each of them will remain under their own, or choose a new one, for example, by adding two.
As for divorce, this aspect of family life is covered by Article 36 of the same law, which provides for the opportunity for each spouse to decide individually with which surname he will enter single life. Considering this circumstance, the question arises: is it possible to change the surname to a maiden name without dissolving the marriage?
And here it is worth recalling that Russian legislation does not in any way connect changes in personal data with the fact of being in a family relationship. This means that a citizen can change his name, patronymic or surname without a divorce. Moreover, there is no reason to prohibit the young wife from doing this immediately after the wedding if she suddenly changes her mind.
Step-by-step instructions: how to change your last name after a divorce to your maiden name
Divorce and maiden name
There are two ways to change your last name after divorce:
1.
Change of surname at the time of divorce, reflected in the divorce certificate.
In order for the surname of one of the spouses to be changed at the time of divorce, it is necessary to indicate this wish in the application for divorce submitted to the registry office in the absence of minor children or in the application filled out when presenting a court decision on divorce to the registry office.
In the future, to complete the procedure for changing your last name, you must contact the Federal Migration Service to replace your passport in the manner described above.
2.
Changing the surname after divorce, if at the time of registration of the divorce in the registry office the issue of changing the surname had not been resolved.
This procedure may be a little more complicated than changing the surname directly at the time of divorce and includes the following steps:
Step 1. Collection of necessary documents. To change your last name, you need to contact the civil registry office at your place of residence, for which you will need:
- Valid passport;
- Certificates: birth, divorce, birth of all existing children under 18 years of age;
- Receipt for payment of state duty in the amount of 1,600 rubles (clause 4, part 1, article 333.26 of the Tax Code of the Russian Federation). Please check the payment details at the registry office or on the territorial administration website.
Step 2. Submitting an application to the registry office to change your surname. The form and requirements for the application will be provided to you by the institution’s staff; as a general rule, you will need to indicate:
- Personal data – full name, date of birth, place of birth, registration address;
- Reason for applying for a last name change;
- Presence of minor children;
- New surname;
- Date, signature.
Note: in a number of regions it is possible to submit an application through the State Services portal, followed by a subsequent appearance at the civil registry office. When you apply online, you will be told in detail what you need to do to change your last name to your maiden name. The procedure for registering an account on the Gosuslugi.ru portal is similar to the procedure for divorce through government services, previously described on our website.
Step 3. Decision of the registry office. According to the law, the registry office reviews your submitted application within 1 month and, based on the results of the review, makes a decision to satisfy the request for a change of surname or to refuse it. According to established practice, provided that all documents are correctly completed and presented in full, a positive decision to change the surname after a divorce is made in most cases.
Step 4. Receive a certificate of change of surname with further replacement of the passport and other documents.
Changing passport details
After the issuance of a document giving grounds for returning her maiden name, the woman will have to go to the department of the Federal Migration Service or the passport office, which is authorized to re-register personal documents and make new notes on them.
You should be careful about the deadlines for applying - after the issuance of a certificate of divorce or change of surname, the law allows a 30-day period.
We recommend reading: how to quickly divorce your husband.
Failure to comply with the established deadline entails a fine based on the completed protocol of violation. The passport is considered expired and therefore invalid. As a result, a woman is limited in the exercise of many civil rights, when officially contacting government services, authorities, banks, and when drawing up legally significant documents.
Download the Application Form for a replacement passport when changing your last name (291.0 KiB, 359 hits)
The following papers are prepared for the passport office::
- prepared form;
- current Russian passport;
- photo for a new document;
- divorce certificate issued by the registry office;
- receipt of duty (the amount is established in accordance with the provisions of Article 333 of the Tax Code of the Russian Federation).
Then you just have to wait until the authorized body issues a new personal document, changing your surname to your maiden name. The passport production period is 2 weeks.
When can I change my last name?
Sometimes there is a need to determine whether it is possible to change your data long after a divorce. Like any citizen, a divorced woman has the right to take a surname at her own discretion, however, the registration procedure no longer provides for a simplified procedure.
Together with the application form in Form 15, they provide all personal documents to the Civil Registration Office: children (if there are minors), family status (certificate of registration or termination of marriage).
Download Form 15. Application for change of name (last name, patronymic) (62.0 KiB, 343 hits)
Next, the applicant receives a certificate of change of personal data and applies to the passport office with a standard package of papers.
What documents should I change after changing my last name due to divorce?
In addition to the passport, the procedure for changing which is described above, it is often necessary to replace a number of documents. Some of the existing documents are not required by law to be changed, but using them with an old surname can cause so many problems that it is better to spend some time changing them. A number of documents cannot be changed due to a change in surname
It is necessary or highly desirable to change the following documents:
1.
international passport
Despite the fact that the deadline for changing a foreign passport is not established by law, by analogy with an internal document, it is not recommended to use it after 1 month from the date of change of name. In addition, using a passport with an old surname in other countries can lead to a lot of legal problems, so it is best to take care of changing your passport in advance.
To replace your international passport, you should contact the Federal Migration Service offices that provide this service.
2.
Driver license
Changing your driver's license is not a mandatory procedure, but it should be considered one, if only because if you have a driver's license in your old name, you will have to show them your passport every time the traffic police officers check your documents.
The procedure for replacing a driver's license will not take more than 10 days and is carried out at the examination and registration department at the place of your registration based on an application.
3.
Pension certificate
Changes in the bodies of the UPF of the Russian Federation at the place of registration. The timing of the replacement or the consequences of using the certificate for the old surname have not been established, but again, the use of the “old” certificate will entail a lot of questions and difficulties caused by the constant need to confirm the change in surname.
4.
Health insurance policy
Subject to replacement due to a change of surname, but no specific deadlines are established by law. To replace this document, you need to contact the representative office of the health insurance company.
5.
Tax registration certificate (TIN)
Changes at the tax office based on an application. The taxpayer number - TIN remains the same, only a new certificate is issued for a new surname.
What to do if the child’s father is against changing his last name?
Often fathers are against changing the child’s surname or completely deny it and do not want to take part in this, but at the same time you cannot ask for written consent from them. In some cases, the child's mother can fight with them and get her way.
You can change a child’s last name without the father’s consent in the following cases:
- If proven, deliberate malicious evasion of the child's father from paying child support. However, in this case, in addition to changing the child’s surname, the father may face deprivation of liberty and parental rights;
- When proving the absence of the father’s participation in raising the child, his leisure time, rest, treatment, etc. In other words, if the presence of the father in the life of a minor is limited only to the payment of alimony, and sometimes without it at all.
- If the child’s father has disappeared, is wanted, and his location is currently unknown not only to the child’s mother, but also to all his relatives and close friends. In this case, a certificate is required that the father is declared missing or is on the official wanted list, received from employees of the Ministry of Internal Affairs.
- If there is a dash in the father column on the child’s birth certificate;
- The child's biological father is declared legally incompetent;
- If the paternity of a child established in court is canceled or annulled, also through appeals to the judicial authorities. The main condition is that the parents have never entered into a marriage relationship.
Do I need to change my last name after a divorce?
The decision to keep the marriage surname or change the surname in the passport to “maiden” is made by each spouse independently. Most often, women face this question, since it is the wife who most often takes her husband’s surname.
To change or not to change?
On the one hand, changing your surname entails additional hassle in replacing documents, on the other hand, the surname of your ex-spouse will once again remind you of hostile relationships, especially if the divorce was not easy. In any case, before deciding to change your last name, think carefully - do you need to change your passport after a divorce?
What is a maiden name?
Before a woman gets married and changes her last name, she bears her maiden name, the one she received from birth from her father (more often) or from her stepfather or mother.
When, having matured, a woman plans to get married, she asks the question: “Do I need to change my maiden name to my husband’s last name?”
After all, by leaving her last name, she may thereby offend her future husband, who will think that she is not ready to trust him and does not want to join his family.
That's why many Russian women change their maiden name after marriage..
But there are situations when a couple, after living together for some time, decides to divorce. And then the ex-wife wants to return her maiden name. How to change your last name to your maiden name after a divorce?
Sample application for change of surname
Below you can see a sample application for a change of surname, which must be submitted to the registry office.
Sample application for name change
Application for change of surname -.
Regulatory framework
A woman has the right to change her surname to her maiden name after a divorce. It is enshrined in the following legal acts:
- Federal Law-143 “On acts of civil status”.
- Art. 32 of the Family Code of the Russian Federation.
- Art. 19 of the Civil Code of the Russian Federation.
The former spouse cannot restrict this right. The process itself begins during the divorce, since in the certificate form the registry office specialists indicate the surname that the woman herself will choose. Also, if desired, a woman can change her last name later.
Certificate of change of surname
A certificate of change of surname is issued by the civil registry office in cases where one of the spouses has lost a divorce certificate and it is necessary to urgently confirm the fact of the surname change (for example, at a bank).
To obtain this document, you must contact the civil registry office at the place of registration of the change of surname.
In any controversial or difficult situations, including those caused by the consequences of divorce, the lawyers of the MCPI “Planet of Law” are ready to provide comprehensive legal assistance within the framework of the special “Divorce without Stress” program. Call us right now + 7 (495) 722-99-33!
What does the Law say about this?
According to the current civil legislation, citizens of the Russian Federation exercise their rights and perform their duties exclusively under their own name. Moreover, by name the law means not only the name itself, but also the surname and patronymic. According to Art. 19 of the Civil Code of the Russian Federation, every citizen of the Russian state has the right, at his own discretion, to change not only his last name, but even his first and patronymic names. So, in accordance with Art. 58 of Law No. 143-FZ, the right to change one’s own surname arises for citizens of the Russian Federation when they reach the age of 14. Such changes are carried out by the civil registry office at the place of residence or at the place of state registration of birth of the applicant. Summarizing the above, we can say that in fact the current legislation does not connect the possibility of changing a surname with the fact of being in a marital relationship.
Can the guardianship authorities or the registry office refuse to change the child’s surname?
Yes, the law gives the right to guardianship officials to refuse to change a child’s last name after the parents’ divorce. Grounds for refusal may be:
- Illiterate paperwork;
- There are no grounds for changing the surname;
- Insufficient evidence about the need to change the surname;
- The psychological state of the child (we must not forget that the divorce of parents causes enormous harm to his psychological health).
If these authorities refuse to change your last name, you cannot resubmit the application. The only way out is to try to appeal their refusal in court.
