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Illinois Lawmakers Propose Law to Help Residents Getting Divorced Change Their Names

 Posted on June 25, 2019 in Divorce

Naperville divorce attorneysMany women, and some men, change their last name to their new spouse’s last name when they get married. This is a meaningful tradition for many. Unfortunately, it is currently much easier for people to change their name when they get married than when they get divorced. An archaic rule in Illinois law makes the current process for changing your last name much more difficult than it needs to be. Illinois Senator Cristina Castro hopes to change this.

Current Law Regarding Name Changes

For many people, changing your last name to that of your spouse is an important part of getting married. Currently, the process for a name change in Illinois is much easier if you have a marriage certificate. However, the process for changing your name after divorce is much more involved. In Illinois, there is currently a requirement that anyone seeking a name change to must publish a notice of that change in a newspaper. However, this requirement is lifted for individuals who can show a court-issued marriage certificate. While this works well for those getting married, what about people getting divorced?

As Stephanie Johnson, Aurora, Illinois resident puts it, “It’s completely intrusive and ridiculous that I have to publicly announce this in a newspaper.” Understandably, most people getting divorced do not wish to make an announcement about it in the newspaper. Not only is this an invasion of their privacy but it also costs money to print an announcement in a newspaper.

Proposed Law Will Eliminate the Newspaper Requirement

Earlier this year, Illinois Senator Cristina Castro, D-Elgin, sponsored legislation that would remove the published announcement requirement. The measure was passed by both the Senate and the House and was recently sent to the governor’s desk.

As soon as Illinois Gov. J.B. Pritzker signs the proposed law into effect, women seeking a name change after divorce will no longer need to publish this personal information in the newspaper. While Illinois residents currently have an option to change their name as part of their divorce decree, many people do not make this decision until months or years after their divorce. Hopefully, the new change will make it easier for divorced women to have the last name they want – without making a public announcement about it.

Contact a DuPage County Divorce Attorney

If you are considering divorce or you have already decided to end your marriage in Illinois, there are many ways that you can benefit from speaking with a qualified family law attorney. A lawyer can help you understand your legal options regarding spousal support, property division, child custody, and more. To schedule a completely cost-free, no-obligation, confidential consultation with an experienced Naperville family law attorney, contact the Pesce Law Group P.C at 630-352-2240.



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