Tennessee Name Change in Divorce
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How to fill out Tennessee Name Change In Divorce?
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FAQ
You must have a Petition and Order ready to be presented to the judge. The forms can be found at Forms page or can be obtained from the Clerk's Office. It costs $166.50 to do a name change. You DO NOT have to have an attorney.
§ 68-3-305 restricts a parent's ability to choose a surname for his or her child. As explained above, the statute provides that the surname placed on a child's birth certificate at the time of the child's birth must be the mother's current or maiden surname, the father's surname, or a combination of those surnames.
In the state of Tennessee, a husband can adopt the name of his wife, but not through marriage; it must be accomplished via other legally acceptable processes, such as general adult name change through the court.
A notarized affidavit, signed by all parents listed on the birth certificate, which shows the child's full name, date of birth, the incorrect name as it is listed on the certificate and the name as it should be correctly listed. No fee is required to amend a certificate that is less than one year old.
There are no additional costs to change your name in this situation. To change back to a maiden name in Tennessee with a Divorce, the Party requesting the name change must request this in the Settlement Agreement. A name change cannot be obtained without the judge stating this in the Final Divorce Decree.
Does the process require parental consent? The process does require parental consent. A parent, guardian, or adult relative or friend must file the petition with the court, and the court will usually require that any parent that does not sign the petition be notified of the filing of the petition and the hearing date.
If you are not married at the time of birth OR during the 300 days prior to birth, you and the father can acknowledge paternity at the hospital when your child is born. This would establish him as the child's legal father and his name and information would be entered on the birth certificate.
Changing your name by deed poll You'll need a deed poll to change your name if: you haven't got divorced, or you're still in the process of getting divorced.