How to Change Your Name After Divorce: The Complete, Step-by-Step Guide
Changing your name after divorce is one of those tasks that feels like it should be simple but involves a surprising number of steps. Whether you want to return to your maiden name, take a completely new name, or keep your married name for professional reasons, here is everything you need to know.
The easiest path
The simplest way to change your name is to include the name change in your divorce decree. If your divorce is not yet finalized, ask your attorney to add a name restoration clause. This avoids a separate legal proceeding entirely and most government agencies accept the divorce decree as sufficient proof of your name change.
Option 1: Getting the Name Change in Your Divorce Decree
This is by far the most common and easiest approach. In every US state, you can request that the court restore your former name as part of the divorce judgment. Here is how:
Tell your attorney early
When you file for divorce (or respond to a petition), let your attorney know you want a name change included. Most divorce petitions have a specific section or checkbox for this. If you are representing yourself, the court forms typically include a name restoration request.
No separate hearing required
Unlike a standalone name change petition, including it in the divorce decree does not require a separate hearing, publication in a newspaper, or additional court fees. The judge simply includes it in the final divorce order.
Your spouse cannot block it
Your spouse has no legal right to prevent you from restoring your former name. This is your absolute right in every state. Even in contested divorces, the name restoration is virtually never denied.
You can restore a maiden name or a previous married name
Through a divorce decree, you can typically restore any name you legally held before the marriage — your birth name, a name from a previous marriage, or a legally changed name. You generally cannot take an entirely new name through the divorce decree; that requires a separate legal name change proceeding.
Option 2: Changing Your Name After the Divorce Is Final
If your divorce is already finalized and the decree does not include a name change, you have two options depending on your state:
Amend the divorce decree
In some states, you can file a motion to amend the divorce decree to include a name restoration, even after it is finalized. This is typically straightforward and inexpensive. Your ex-spouse is usually notified but cannot object to the name restoration.
File a separate name change petition
If amending the decree is not an option, you can file a standalone name change petition with the court. This typically costs $150-$500 in filing fees, may require publishing a notice in a local newspaper, and involves a brief court hearing. The process takes 4-8 weeks in most jurisdictions.
Documents and Records to Update: The Complete Checklist
Once you have the legal name change (either in the divorce decree or from a separate court order), you need to update your name across many different agencies and accounts. Here is the recommended order — each step builds on the previous one.
Social Security card (do this first)
Visit your local Social Security office or mail Form SS-5 with your certified divorce decree and a valid ID. This is free and takes 2-4 weeks to receive your new card. You need the updated Social Security record before changing most other documents.
Driver's license or state ID
Visit your local DMV with your certified divorce decree and your updated Social Security card (or proof of application). Fees vary by state ($10-$30 typically). Some states allow online updates. Your updated driver's license becomes your primary photo ID for everything else.
Passport
Mail Form DS-5504 (for passports issued less than a year ago) or DS-82 (for renewal) along with your current passport, a certified copy of the divorce decree, and a new passport photo. If your passport has expired or was issued more than 15 years ago, use Form DS-11 and apply in person. Cost: $130-$160.
Bank accounts and financial institutions
Visit your bank with your new ID and a certified copy of the divorce decree. Update checking accounts, savings accounts, credit cards, investment accounts, and loan documents. Order new checks and a new debit card. Do this for every financial institution.
Everything else
Once the major IDs are updated, work through the rest: employer/HR records, health insurance, car registration and title, mortgage company, utility bills, voter registration, the IRS (your next tax return is sufficient), professional licenses, school and medical records, email accounts, social media, subscriptions, frequent flyer programs, and your estate planning documents (will, trusts, powers of attorney).
Professional Considerations: Should You Keep Your Married Name?
There is no right or wrong answer here. Many people keep their married name for practical or professional reasons. Here are factors to consider:
Reasons people keep their married name
Professional recognition and reputation built under that name; published works, licenses, or certifications in that name; desire to share a last name with their children; avoiding the hassle and cost of updating dozens of documents; it simply feels like “their” name now after many years.
Reasons people change back
Desire for a fresh start and emotional closure; reclaiming their birth identity; the marriage involved abuse or betrayal; cultural or family significance of their birth name; their ex-spouse wants them to change (some people find this motivating in itself).
The hybrid approach
Some professionals legally change their name but continue using their married name professionally (or hyphenate). For example, a doctor might legally restore her maiden name but continue practicing under her married name, adding a note to her credentials. This gives you the emotional closure of reclaiming your name while preserving professional continuity.
Children's Name Changes: Different Rules Apply
Changing a child's last name after divorce is fundamentally different from changing your own. It is much more difficult because it affects the other parent's rights.
Key rules for children's name changes:
- 1.Both parents must consent in most states. If both parents agree, you can petition the court and it is usually granted without much difficulty.
- 2.If one parent objects, the court will decide based on the child's best interest. Factors include: the child's age and preference, how long they have used the current name, the relationship with both parents, any history of abuse, and potential confusion or embarrassment.
- 3.Courts generally resist changing children's names unless there is a compelling reason. The most common successful arguments involve safety (if the current name reveals the child's location to an abusive parent) or an absent parent with no relationship to the child.
- 4.Children's opinions matter more as they age. Courts give significant weight to a teenager's preference about their own name. Some states allow children as young as 12-14 to petition for their own name change.
- 5.Hyphenation as a compromise. Courts sometimes approve hyphenating the child's name (adding your maiden name alongside the other parent's name) as a middle ground that acknowledges both parents.
If you want to change your children's names, consult with your family law attorney before bringing it up with your ex-spouse. The approach matters, and making it contentious early can reduce your chances of success.
Have questions about the name change process?
Talk to our AI advisor about the specific steps for your situation and state. Get a personalized checklist to make the process as smooth as possible. Free, anonymous, available 24/7.
Get My Name Change Checklist →¿Te fue útil? Ayúdanos a mantenerlo gratis.
divorce911.ai se financia completamente con donaciones. Cada dólar mantiene al asistente IA y las 1,700+ guías gratis para personas en crisis.
Know someone going through a divorce? This could help them.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Name change procedures, fees, and requirements vary by state. Always consult with a licensed attorney in your jurisdiction for advice specific to your situation, especially regarding children's name changes which involve custody considerations.
The information above provides general guidance applicable in most US jurisdictions. Government agency procedures and fees may change. Check directly with the relevant agency (SSA, DMV, State Department) for the most current forms and requirements.