How to Change Your Name to Your Maiden Name Post Divorce in New Mexico

By Jennifer Williams

The state of New Mexico allows you to legally change your name back to your maiden name, even if you didn't request the name change in your divorce. Changing your name post divorce requires a little extra paperwork and a court filing fee. Start to finish, the process of legally returning to your maiden name can take as little as six weeks, depending on how quickly the court can hear your case.

Step 1

Draft a petition asking the New Mexico district court in the county where you reside to change your name back to your maiden name. In the petition state your current legal name, request your current name be changed, and state the complete maiden name you want reinstated, including any middle names dropped when you assumed your married name.

Step 2

Sign the petition before a notary public and take it to the clerk of the district court in the county where you live. Ask what filing fee is required and what forms of payment are accepted. Pay the required fee and file the petition.

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Step 3

Draft a notice of publication, or download a form notice from an online legal document provider. Attach a copy of the petition to the notice and publish the notice and petition once per week for two consecutive weeks in a newspaper with circulation in your county of residence. Ask the newspaper to send you proof of publication after the second week, which usually consists of a copy of the published notice and a notarized statement from the paper certifying the attached notice was indeed published as requested.

Step 4

File the proof of publication received from the newspaper with the court. Ask the court clerk for the name of the judge assigned to the case. Contact that judge's judicial assistant and request a hearing date.

Step 5

Prepare a proposed order granting your request for name change. Appear at the hearing with a copy of the proof of publication and proposed order. Present both documents to the judge and ask the judge to sign the proposed order granting your name change.

Step 6

File the signed order with the court clerk and ask how much the clerk charges for certified copies. Pay for at least two certified copies; take one to the county clerk's office in your county. Ask the amount of the required filing fee. Pay the fee and file a certified copy with the county clerk for recording. Keep any other certified copies for use in changing your name on documents such as your driver's license and Social Security card.

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