No. Changing your last name after a South Carolina divorce is completely optional. If you don’t request a name change during the divorce, your legal name stays the same.
At Query Sautter & Uricchio, LLC, we represent clients in divorce cases throughout Charleston, South Carolina. Since questions about last names come up frequently during divorce, we’ve put together this guide to explain your options and how a name change can be handled during or after the divorce process.
Keeping Your Married Name After Divorce
Many people decide to keep their married name after a divorce, and the reasons vary from person to person. Some have built a professional reputation under that name. Others want to share the same last name as their children or simply feel that the name has become part of their identity after many years.
There isn’t a single right choice. Whether you keep your married name or return to a former one depends on what feels right for your personal, family, and professional circumstances.
How Do You Change Your Name After a Divorce?
If you want to change your last name, the process depends on whether your divorce is still pending or has already been finalized.
- If your divorce is still pending: South Carolina law allows the family court to restore a former surname as part of the final divorce decree under S.C. Code Ann. § 20-3-180. Because the name restoration is included in the divorce order, this is usually the simplest option. You also have to request the change before the divorce is finalized, since the court will not restore your name once it’s finalized. Through the divorce process, you can only resume a former surname, not adopt a completely new one.
- If your divorce is already final: You’ll need to file a separate name change petition with the family court. Unlike a name restoration during divorce, this process requires additional paperwork, including a fingerprint-based background check through SLED, a Department of Social Services (DSS) screening, and several sworn affidavits. South Carolina also requires applicants to meet the state’s residency requirements before filing.
Once your name has been legally changed, you’ll use a certified copy of your divorce decree or name change order to update your records. Most people start with the Social Security Administration before updating their South Carolina driver’s license, bank accounts, insurance policies, and other documents.
How Can Query Sautter & Uricchio Help?
If you’re considering changing your last name as part of a divorce, it’s important to address the issue before the final decree is entered. An attorney can make sure the request to restore a former surname is included in the divorce paperwork and that the final order contains the language needed to make the change legally effective. If a separate name change petition is required instead, they can also help with the next steps.
Query Sautter & Uricchio, LLC represents clients in family law matters throughout Charleston and South Carolina. If you have questions about changing your name during or after a divorce, contact us through our form or call (843) 795-9500 to discuss your situation.