You can change your name back to your maiden name or any other legal name through your divorce decree or a separate name-change petition
The simplest route is to request a name change as part of your divorce settlement. When you file for divorce, you can ask the court to restore your maiden name or change to any other legal name you choose. The judge includes this in your final divorce decree at no extra cost. If you did not request it during the divorce, or if your divorce is already final, you can file a separate petition for a name change in your local district or circuit court — the process and cost vary by state, but typically runs $100 to $500 in court fees.
You will need a certified copy of your divorce decree (or the court order granting your name change) to update your name with the Social Security Administration, your state's vital records office, your driver's license, and your bank and employer records. Each agency has its own forms and timeline, but you can start the process as soon as your court order is signed.
Key Takeaways
- The cheapest time to change your name is during the divorce itself by requesting it in your settlement agreement.
- If your divorce is already final, you file a separate name-change petition in your local district or circuit court, which costs $100 to $500 depending on your state.
- You will need a certified copy of your court order to update your name with Social Security, your state vital records office, your driver's license, and your employer.
- The order in which you update your records matters: Social Security first, then your state ID, then banks and employers.
Requesting a name change during your divorce
When you file for divorce, your petition or settlement agreement can include a request to restore your maiden name or adopt any other legal name. This is the least expensive option because the court does not charge an extra fee — the name change is included in your final divorce decree at no additional cost.
You will need to state your desired name clearly in the settlement agreement or in a separate section of your divorce petition. Some states require you to list both your current married name and the name you want to change to. Your attorney (if you have one) or the court clerk can tell you the exact wording your state requires. Once the judge signs the decree, that document becomes your legal proof of the name change.
If you and your spouse are negotiating the settlement, mentioning the name change early can prevent delays. Some people overlook it and only realize after the divorce is final that they need to file a separate petition.
Filing a separate name-change petition after divorce
If your divorce is already final and you did not request a name change in the decree, you can file a petition for a name change in your local district court or circuit court (the name varies by state). You will need to fill out a petition form, pay a filing fee, and in some states attend a brief hearing where a judge approves the change.
The filing fee ranges from $100 to $500 depending on your state and county. Some courts waive or reduce the fee if you demonstrate financial hardship. You can find the petition form on your state court's website or ask the court clerk for the correct form — it is usually called a "Petition for Name Change" or "Petition to Change Name."
The process typically takes two to eight weeks from filing to final order, though this varies. Some states allow you to skip the hearing if the judge approves the petition on paper alone. Others require you to appear in court, even briefly. The court clerk can tell you what your county requires.
What information you need to provide
When you file a name-change petition, you will need to provide your current legal name, your desired new name, your date of birth, your current address, and your reason for the change (in this case, divorce). You will also need to provide your Social Security number and driver's license number.
Some states require you to submit a certified copy of your divorce decree along with the petition. Others do not require it upfront but will ask for it when you request your court order later. Call your court clerk before you file to confirm what documents to include with your petition.
If you have any criminal history, some states require you to disclose it on the petition. This is not an automatic bar to a name change — courts almost always grant name-change petitions for divorce — but you should be honest about what the form asks.
Updating your name with government agencies
Once you have your court order, you must update your name with the Social Security Administration before you can change your driver's license or state ID. Go to your local Social Security office with your certified court order, your current ID, and your Social Security card. The process takes about 15 minutes, and you will receive a new Social Security card in the mail within two weeks.
After Social Security approves the change, visit your state's Department of Motor Vehicles with your new Social Security card, your certified court order, and your current driver's license. You will pay a fee (usually $15 to $50) and receive a new license with your updated name. Some states allow you to do this online or by mail; others require an in-person visit.
Next, contact your state's vital records office (usually part of the health department) to update your birth certificate. You will need to submit a certified copy of your court order and pay a fee, typically $10 to $25. A new birth certificate arrives in two to four weeks.
Updating your name with banks, employers, and other institutions
Once you have updated your Social Security number and driver's license, contact your bank, credit card companies, and investment accounts. Bring your new ID and a certified copy of your court order. Banks usually process name changes within one to three business days, and you will receive new debit and credit cards in the mail.
Notify your employer's human resources department of your name change so they can update your payroll records, tax withholding forms (W-4), and benefits enrollment. Bring a copy of your court order and your new ID. Your employer will update their records and may issue a new employee ID or badge.
Update your name with your insurance companies (auto, home, health, and life insurance), your mortgage lender or landlord, your utility companies, and any subscription services. Keep copies of your court order handy — you may need to send it to multiple places. Most institutions process name changes within one to two weeks.
Timeline and costs
| Step | Timeline | Cost |
|---|---|---|
| File name-change petition (if divorce is final) | Same day or next business day | $100–$500 (court filing fee) |
| Receive court order | 2–8 weeks | Included in filing fee |
| Update Social Security | 15 minutes in office; card arrives in 2 weeks | Free |
| Update driver's license | 1–3 business days | $15–$50 |
| Update birth certificate | 2–4 weeks | $10–$25 |
| Update banks and employers | 1–3 business days | Free |
If you requested the name change as part of your divorce, the only costs are the government agency fees (Social Security is free, driver's license and birth certificate fees total $25 to $75). If you file a separate petition after divorce, add the court filing fee of $100 to $500. The entire process from filing to having all documents updated typically takes four to twelve weeks.
When to call a lawyer
You do not need a lawyer to change your name back after divorce. The process is straightforward, and court clerks can answer questions about forms and filing fees. However, if your divorce is not yet final and you want to include the name change in your settlement, an attorney can may support it is worded correctly so the judge approves it without delay.
If you encounter any obstacles — for example, if a court clerk tells you that you cannot change your name, or if an agency refuses to accept your court order — contact a family law attorney in your state. These situations are rare, but an attorney can resolve them quickly.
Frequently Asked Questions
Can I change my name to something other than my maiden name?
Yes. You can request any legal name you choose, not just your maiden name. The court does not restrict you to a previous name. straightforward state your desired name clearly in your petition or settlement agreement.
Do I need my ex-spouse's permission to change my name back?
No. Once the divorce is final, you can change your name without your ex-spouse's consent or knowledge. The court does not require their signature or approval.
What if I lost my divorce decree?
Contact the court that issued your divorce decree and request a certified copy. You will need to provide your case number or the date of the decree. The court will mail you a certified copy for a small fee, usually $5 to $15.
Can I change my children's names at the same time?
Your children's names are a separate legal matter. You can request a name change for your children as part of the divorce settlement or file a separate petition, but it requires the other parent's consent or a court order. Speak with your attorney or court clerk about the process in your state.
Do I have to change my name if I don't want to?
No. You have no obligation to change your name after divorce. If you want to keep your married name, you can do so. The option to change it is yours alone.