Maiden Name: How to Resume It After a Divorce

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

A person who took a spouse’s surname at marriage may resume his or her birth name after a divorce. You can exercise this right in the divorce case itself or later through a court proceeding.

Taking a surname at marriage

Art. 1.565, § 1º, of the Civil Code allows either spouse-to-be to add the other’s surname to his or her own. Nobody is required to take a spouse’s surname. It is an option, exercised freely when the couple applies for the marriage license.

Historically, the Brazilian tradition was for the wife to take her husband’s surname. Since the 1988 Constitution established equality between spouses, either of them may take the other’s surname, and keeping one’s name unchanged has become increasingly common.

The name taken at marriage becomes part of the person’s civil registry record and appears on all of their documents: RG (the national ID card), CPF (the individual taxpayer registry number), CNH (the driver’s license), and passport. Changing it means updating every one of these records, which takes time and involves administrative costs.

Resuming your name in an uncontested divorce

In an uncontested divorce, the spouses settle the question of the name by agreement. The spouse who took the other’s surname may choose to keep it or to resume his or her birth name. This is a personal decision and does not require the other spouse’s permission.

If the uncontested divorce is handled at a notary’s office (by public deed), the choice about the name is recorded in the deed itself. If it is handled in court, the judgment approving the agreement records the choice. In either case, the change is annotated (a procedure known in Portuguese as averbação) on the birth record in the civil registry.

Since the 1988 Constitution established equality between spouses, either of them may take the other’s surname, and keeping one’s name unchanged has become increasingly common.

The right to keep a former spouse’s surname belongs to the person who bears it, and the other spouse cannot refuse it. Brazilian case law consistently recognizes that a surname taken at marriage becomes part of the person’s identity, especially when he or she is already known professionally and socially by that name.

Resuming your name in a contested divorce

In a contested divorce, the name can become a point of dispute. A spouse who wants the other to give up his or her surname may include that request in the lawsuit, although the courts are reluctant to force the change.

Since Constitutional Amendment 66/2010 eliminated the debate over fault in divorce, it has become harder to compel a former spouse to give up the surname. Courts tend to respect the wishes of the person who bears the name, because a forced change can cause personal and professional disruption.

A judge may order the loss of the surname in exceptional cases, such as when use of the name clearly embarrasses the other spouse (for example, where a criminal conviction drew wide media coverage tied to the name).

Resuming your name after the divorce

A person who chose to keep the former spouse’s surname at the time of the divorce may later decide to resume his or her birth name. This request must be made in court, because changing the civil registry requires a judge’s authorization.

The proper vehicle is a lawsuit to correct the civil registry. The petitioner shows the judge that he or she wants to resume the birth name and explains the reasons for the change. The Public Prosecutor’s Office (Ministério Público) is heard, and as a rule the request is granted without major obstacles.

The civil registry office annotates the change on the birth record, and the person must then update all of their documents: RG, CPF, CNH, passport, work card, and bank records. The updating process can take anywhere from several weeks to several months.

Practical and professional implications

Deciding whether to keep or resume your name involves important practical considerations. Professionals who built their careers under a spouse’s surname (physicians, lawyers, teachers, artists) may suffer professional setbacks from the change, because their clients, patients, and colleagues know them by that name.

Academic documents (diplomas, certifications) issued in the married name remain valid after you resume your birth name. However, a mismatch between the name on your diplomas and your current name may require statements of equivalence and additional proof of identity.

For the couple’s children, a parent’s name change can cause confusion. If the mother resumes her birth surname, the children keep their father’s surname on their records. Mothers and children with different surnames are increasingly common, and it creates no legal impediment.

Updating your documents after the annotation

Once the resumption of your birth name has been annotated in the civil registry, the administrative stage of updating your personal documents begins. The first step is to request a new, updated birth certificate from the civil registry office that made the annotation. This certificate will be the base document for every other procedure. Request it both as an original and as a certified copy, so you can use it with different government agencies.

Updating your ID card (RG or CIN, the new National ID Card), CPF, CNH, voter registration card, work card (CTPS), and passport requires you to appear in person at each issuing agency with the updated certificate. Some financial institutions and notary offices offer combined service to reduce the number of trips. The total time to finish all the updates ranges from 30 to 90 days, depending on how quickly each agency works and how soon appointments are available for each service.

You may continue to use your previous name in certain limited situations during the transition period, such as contracts already in force, employment relationships, and commercial accounts. You can prove the change by presenting the annotated certificate, which serves as legal proof of the change and of the identity between your previous name and your current one. Updating your INSS (Brazil’s National Social Security Institute) registration, your registration with your professional council, and your health plans is also on the list of essential steps.

Frequently Asked Questions

Can my ex-spouse force me to give up the surname after the divorce?

As a rule, no. The majority view in Brazilian case law is that a surname taken at marriage is part of the personal and professional identity of the person who bears it. Forced loss of the surname is an exceptional measure, allowed only where the original holder of the name suffers serious embarrassment. The decision rests with the judge, who examines the specific circumstances.

Can I resume my birth name years after the divorce?

Yes. There is no deadline for resuming your birth name. A person who chose to keep the former spouse’s surname at the time of the divorce may, at any time, ask the court to correct the civil registry and restore the previous name. The request is made through a lawsuit to correct the civil registry and is usually granted without major difficulty.

How much does it cost to resume my birth name?

The costs include the court fee for the correction lawsuit (or notary fees if it is done in an out-of-court divorce), annotation fees at the civil registry, attorney’s fees (if you hire a lawyer), and fees for updating your documents (RG, CNH, passport). The total varies by state, but it generally falls between R$ 500 and R$ 2.000, covering all the steps.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.