HB2234 S JUDICIARY AM #1

Lovell 7908

            The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 5. DIVORCE.

§48-5-613. Former name of party; restoration.

            (a) The court, upon the entry of a final order of divorce shall, if requested to do so by a party, allow such party to resume a surname used prior to the marriage that is being dissolved: Provided, That the court may only allow a party to return to the surname of a former spouse if the person seeking the name change has a living child or children with said former spouse.

            (b) Upon granting a change of name pursuant to subsection (a) of this section, the court shall issue a certificate of divorce reflecting the change in name. The certificate shall be no more than one page in length and shall contain the docket number and style of the divorce action, the birth name of the person requesting the change of name, said person’s date of birth, social security number and the effective date of the change of surname.

            (c) For a change of surname pursuant to this section to be valid it must be attested to by the circuit clerk.

            (d) A valid certificate of divorce issued pursuant to this section may be used for any lawful purpose and shall serve as proof of legal change of name for purposes of obtaining a driver’s license or state-issued identification card.

Adopted

Rejected