Do you know how to change your last name to your maiden name after a divorce?

In any form of application for termination of marriage, which is submitted to the state registry office, there is a section where the spouse terminating the marriage must indicate:

1. Do you want to change your last name after a divorce?
2. What surname will he bear after the divorce?

These questions are especially important for women who in Russia, in most cases, according to established tradition, take their husband’s surname during marriage. Before dissolving their marriage, they need to decide whether to keep their husband’s surname after the divorce or return to their premarital surname. Of course, the law does not prohibit you from resolving the issue some time after the end of the marriage relationship and changing your surname after a divorce to your maiden name at any convenient time, however, this will cost money. At the same time, the Civil Registry Office service for changing personal data during the divorce procedure does not require additional payment.

Thus, in order to change your first or last name, you need to understand in detail the following nuances:

1. Which government agency should the interested party contact?
2. What list of documents will the girl need so that she can restore her previous surname?
3. What legal consequences will occur for a spouse who decides to change personal data?

Procedure

To return your previous surname, you need to know where to submit documents and what papers are required for this.

Where to contact

The only body that has the right to change the first name, patronymic or surname of a Russian citizen and confirms this fact by issuing a marriage certificate or a certificate of name change is the registry office.

List of documents

The list of documents attached to the application depends on the basis for the divorce. A separate list of documents submitted along with the application is established for ex-wives who aimlessly wasted time during the divorce procedure and did not immediately decide whether they need to return their maiden name after the divorce or not.

Application (including sample)

Depending on the reason why the applicant wants to return the premarital surname, he (she) must fill out an application form, where he (she) must confirm his intention in writing. The following application forms are distinguished:

1. In case of mutual divorce - Form 8. The sample is here. The application can be submitted to the registry office by spouses personally either through the State Services portal, or jointly through the MFC
2. For a unilateral divorce - Form 9. The sample is here. The application can be submitted to the state registry office only by the spouse personally interested in the divorce.
3. For divorce through the court - Form 10. The sample is here. The application can be submitted to the registry office either personally by one of the spouses or through the State Services portal.
4. At your request at any time - Form 15. The sample is here. The application can be submitted to the state registry office only by the applicant personally.

State duty amount

Registration deadlines

In case of divorce for any reason, documents (certificate of termination of marriage) will be issued 1 month after submitting a properly written application and package of documents.

If you change your last name at your own request, as a rule, the public service is provided by the civil registry office within 1 month. However, if there are compelling circumstances, for example, if there is a delay in receiving a copy of the applicant’s civil status records, the head of the civil registry office has the right to extend the period for providing public services by another 2 months. Thus, the maximum period of time that the law allocates for resolving the applicant’s request is no more than 3 months.

If the head of the state civil registry office refuses to change personal data without reason, it can be challenged in the framework of legal proceedings in the district court.

Should I return my maiden name after a divorce?

After the divorce, each of the former spouses has the right to independently decide whether to keep their real surname or change it. Neither the former spouse nor the government agency has the right to demand otherwise. That is, you can keep your husband’s last name after a divorce.

Most often, the desire to return to their maiden name arises among those who have divorced due to scandal.

Before deciding on this procedure, you need to realize that changing your last name will entail the re-issuance of a large number of personal documents (passport, TIN, SNILS, international passport, driver’s license and others).

In addition, if a woman changes her last name after a divorce, she and her children will have different last names, which can cause some bureaucratic complications.

What documents will need to be changed after this and how to do it

Changing your last name entails the need to change documents, which include not only those that prove your identity.

Russian passport

After handing over the certificate of marriage or change of surname to the applicant, the civil registry office employee is obliged to put a special mark in the passport about the change of personal data. With this mark, the passport is valid for another 1 month, after which it is considered expired. If you contact the Migration Department of the Ministry of Internal Affairs of Russia with a request to replace an expired passport, then before providing a public service the applicant will have to pay a fine equal to 2-3 thousand rubles, and for persons registered in St. Petersburg or Moscow, 3-5 thousand. rubles

Currently, in accordance with legislative norms, the Department for Migration Issues of the Ministry of Internal Affairs of Russia deals with issues of passport replacement. After a divorce or change of surname on personal initiative, the interested person provides the following documents to the migration department employee:

1. Passport.
2. An application, a sample of which can be found at this link.
3. Two photographs measuring 3.5 x 4.5 centimeters. They can be either black and white or color.
4. Divorce certificate or certificate of change of surname.
5. Certificate confirming the fact of birth of the applicant.
6. Evidence that records the fact of the birth of children, if the applicant has them.
7. A check or other document that certifies the fact of payment of 300 rubles collected as a state duty.

After accepting the full list of the above documents, the new passport will be ready in no more than ten calendar days.

international passport

The law does not determine the period during which a person who has changed personal data must change his foreign passport. However, in order to avoid difficulties that may arise abroad with an old passport, it is advisable to make a new document. To obtain a new international passport made according to the old model, you should contact the MFC or the department of the Migration Affairs Department of the Ministry of Internal Affairs, which is responsible for issuing foreign passports, and provide the following documents:

1. Questionnaire in two copies.
2. Color photographs 3.5 x 4.5 centimeters, 3 pcs.
3. Russian passport + copies of all pages.
4. Previous passport, if available.
5. Military ID or certificate from the military commissariat for men from eighteen to twenty-seven years old.
6. A check for a fee of 2000 rubles.

To obtain a new passport, you need to submit the following documents:

1. Questionnaire in two copies.
2. Russian passport + copies of all pages.
3. A check confirming payment of a fee of 3,500 rubles.
4. Previous passport, if available.
5. Military ID or certificate from the military commissariat for men from eighteen to twenty-seven years old.

Sometimes the archive requires 3 photographs measuring 3.5 x 4.5 centimeters, color.

The registration process usually takes about thirty days.

Driver's license

Due to changes in legislation, from November 5, 2014, you need to obtain new rights when changing personal data. It should be borne in mind that the certificate becomes invalid immediately after receiving a divorce certificate or a certificate of name change, so it must be changed as soon as possible.

This service is provided by the examination and registration department of the traffic police at the applicant’s place of residence. You need to bring with you:

1. An application, a sample of which can be downloaded here or filled out on a form issued by the traffic police.
2. Passport.
3. A document certifying the change in the driver’s personal data (marriage certificate or certificate of change of surname).
4. Old driver's license.
5. Document for paid duty of 2000 rubles.

As a rule, registration occurs within the day of application.

Keep in mind that you cannot drive a car with an old license. This offense entails a fine ranging from 5 to 15 thousand rubles.

Car insurance

To change your insurance information, you need to contact the insurance company with the following documents:

1. Passport.
2. A valid MTPL or CASCO policy.
3. A document certifying the change in the driver’s personal data (marriage certificate or certificate of change of surname).
4. Driver's license with a new first or last name.

Changes in insurance data occur on the day the applicant applies.

SNILS

Its replacement is carried out free of charge at the Pension Fund located at the applicant’s place of registration. To receive government services you need to provide the following documents:

1. Application form, which can be found here.
2. Passport with a new surname or first name.
3. Old SNILS.
4. A document certifying the change in personal data (marriage certificate or certificate of change of surname).

The new SNILS is prepared within thirty days. Despite the fact that Russian legislation recommends that citizens take care of the issue of changing SNILS in the first two weeks after changing personal data, there are no penalties for failure to comply with this recommendation.

Medical policy

It is changed at the branch of the company in which the person who changed his name is insured. To obtain a new medical policy, you need to submit the following documents to an employee of the insurance company:

1. Passport with new personal data.
2. Statement.
3. Old medical policy.
4. A document certifying the change in personal data (marriage certificate or certificate of change of surname).

You should check with your insurer about the date of production of the new medical policy. As a rule, this service is performed free of charge.

Certificate of TIN assignment

Changed at the Federal Tax Service at the applicant’s place of registration upon presentation of the following documents:

1. An application, a sample of which can be viewed here.
2. Passport with a new surname.
3. A document certifying the change in personal data (marriage certificate or certificate of change of surname).
4. Old certificate of receipt of TIN.

The production of a new document on obtaining a TIN does not require payment and is completed within five working days.

Which documents may not be changed?

These include:

1. Employment history.
2. Educational documents (certificates and diplomas).
3. A certificate confirming the registration of the vehicle with the State Traffic Safety Inspectorate.
4. Certificate of ownership of real estate.

Documents in which the surname cannot be replaced

Now a few words about which papers cannot be replaced:

1. An employment contract, as well as other agreements, for example, a civil liability contract. Any changes are formalized using additional agreements.
2. Diploma from an educational institution, various certificates and other evidence of completed training.
3. Employment history.
4. Certificates of ownership of various property, including real estate and land.

However, if you change your last name, you will need to make changes to the old work book. These changes are made by the HR employee. This is done by crossing out the old surname with one line so that other data is readable, then the new surname of the employee is indicated next to or above. The spread must indicate what actions were performed and information about the document on the basis of which these changes were made, as well as the name and signature of the employee who made the changes.

As you can see, when changing your last name, you will have to change almost the entire package of documents confirming your identity. Some of them are quite easy to replace, while others will require a little tinkering.

It is important to understand that the first thing you will have to do is change your passport as a citizen of the Russian Federation, because replacing other documents requires that you have it in your hands.

In addition, do not forget that failure to comply with legislative deadlines entails the cancellation of the registry office’s decision and an administrative penalty of at least 2,000 rubles (the longer the deadline is delayed, the greater the fine).

What documents are important for confirmation?

These are the following two documents:

1. Divorce certificate.
2. Certificate of change of surname.

If a woman adopted the surname of her betrothed after marriage, but during the divorce decided not to restore her maiden surname, then to confirm the change of her maiden surname to the surname of her ex-husband, she needs to request a certificate from the state registry office about a previously concluded and dissolved marital union. This document contains information about the personal data of the spouses before and after marriage.

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 now + or write to WhatsApp.

Is it possible to stay in my husband's last name?

Restoring one's maiden name after the end of a marriage is considered under family law to be the right of the ex-wife, but not her obligation. In accordance with this legal norm, no one can force a woman to give up her ex-husband’s surname or force her to wear it. Thus, at any time after the divorce she can change her mind and register a different surname in the registry office.

The only circumstance that forces the ex-wife to take a premarital surname is the recognition of the former family union as invalid. However, she needs to take into account that recognition of the invalidity of a marriage requires a trial and the provision of convincing evidence from the ex-husband indicating that the marital relationship is fictitious.

The main reasons prompting ex-wives not to return their previous surname are:

1. The desire to find a man as quickly as possible and enter into a marital relationship with him. Accordingly, when marrying him, the woman plans to take his last name and in her decision is based on expediency, since she does not want to change documents twice.
2. The ex-wife was unable to change the personal data of the children during the separation from her husband and does not want her surname to be different from the surnames of the children.
3. Reluctance to sit in queues at government agencies.

Basic provisions

The right to bear a specific surname is established by Article 32 of the RF IC as a personal non-property right of a Russian citizen, arising under the following circumstances:

• registration of marriage relations;
• registration of an adopted child;
• personal expression of the citizen.

According to generally accepted tradition, most often, the surname is changed upon marriage. If you separate from your spouse, you have a choice: leave everything unchanged without changing the document, or return the previous data that was before marriage.

The right to return premarital data, without the need for agreement with the second partner, is established by Article 36 of the Family Code.

A woman retains this right not only immediately after a divorce, but also at any other, later time, as stated in the provisions of Article 58 of the RF IC. However, the registration process in a later period is more complex and lengthy.

If you have a child (is it possible to change his last name)

The law allows changing children's surnames, taking into account the following provisions:

1. 
   If a child has reached the age of ten, he must express his consent to change his personal data.

2. If the mother and father live together, then the guardianship authority, at their mutual request, has the right to allow the child to change his surname to the surname of the other parent before the child reaches the age of fourteen.
3. When parents live separately, the parent who lives with the child and wants to give him his last name must obtain the consent of the other parent. This consent must be expressed by the second parent at an appointment with a competent employee of the guardianship authority or in writing and certified by a notary.
4. When the child’s parents are not married and paternity has not been officially established, the mother has the right to ask permission from the guardianship authority to change the surname of her offspring to her own surname.
5. The role of guardianship authorities is performed by state executive authorities at the regional level of Russia or local government bodies.

The opinion of the second parent is not taken into account if:

• He (she) is deprived of the rights of a parent.
• He (she) has been declared incompetent by the court.
• He (she) does not provide financial support or raise a minor child without good reason.

Is it necessary to change my last name?

No, this is a voluntary decision of every woman. A husband cannot force his ex-wife to change her surname to her maiden name if she does not want it. A family name is not a person's personal property. Even statements about the immoral behavior of the ex-wife, disgracing the husband's surname, are not considered a weighty argument.

However, many women after a divorce do not want to change their last name for a number of reasons:

• they don’t want paperwork, since they will have to change other important documents in addition to their passport;
• leave the husband's surname for the children;
• They are planning a remarriage and don’t see the point in changing their last name again.

To begin the procedure for returning your maiden name, you must submit a corresponding application. This can be done a day, a year or even 5 years after the divorce. There are no time restrictions. But in practice, it is better to submit such an application together with the application for divorce. This way you will save your time. Both of these procedures will take place in parallel.

The case when a mother wants to change her children's surname is more complicated. This cannot be done without the father's consent. If he is deprived of parental rights, his consent will not be required.

Arbitrage practice

The case was considered by the Yakut City Court of the Republic of Yakutia in June 2021.

The ex-wife filed a lawsuit against her ex-husband, in which she demanded to change the middle name of her child. In support of her claims, she stated the following:

1. The Yakut City Court previously deprived the defendant of his rights as a parent, so his opinion does not need to be taken into account.
2. Moreover, she does not know where the defendant is. Therefore, he will not be able to express his opinion about the claim before the judge.

At the meeting, the plaintiff fully supported her claims, and the defendant did not appear at the hearing. The representative from the state civil registry office left the decision of the claim to the discretion of the judge.

Having examined the materials presented by the parties, the judge decided:

• The plaintiff did not comply with the pre-trial settlement procedure, namely, she did not apply to the registry office with a request to satisfy her claims. Before the plaintiff went to court, the registry office should have refused to change her patronymic name for a minor.
• The plaintiff chose the wrong way to protect the interests of the child, so the claim should be left without consideration. If the ex-spouse eliminates the circumstances that caused this decision, she will be able to submit an application again.

In case of divorce

If the issue was raised when registering a divorce, then it is necessary to include a request to change the data in the application. Moreover, it does not matter whether the union is dissolved in the registry office or through the court.

The applicant does not have to justify her decision. In a divorce in the registry office, the form initially contains a line about the decision made regarding the surname.

When sending a claim to court, the applicant independently includes this request in the list of claims. If the application was filed by the husband, then the woman can file a petition in court.

If the issue is resolved in the registry office, the applicant will immediately receive a divorce certificate with the necessary information. After which, you are given 30 days to replace your passport.

If the issue is settled in court, then the court decision must be submitted to the registry office. The specialist will issue a divorce certificate. Next, you also need to replace your passport.