The basic steps to change your name after divorce

You change your name after divorce by getting a court order that says you can, then using that order to update your documents. The court order comes from the same divorce case — you ask for it as part of the divorce settlement, or you file a separate petition after the divorce is final. Once you have the order, you take it to your state's vital records office (usually in your county), then to the Social Security Administration, then to your driver's license issuer and bank. The whole process takes four to eight weeks from start to finish, depending on how busy your local courts are.

You do not have to change your name. If your divorce decree does not mention your name, you can keep your ex-spouse's surname or go back to your maiden name without a court order in most states — but doing it without a court order makes updating documents harder and slower. Getting the order first is the cleaner path.

Key Takeaways

  • You need a court order to change your name, which you can request as part of your divorce settlement or file for separately after the divorce is final.
  • The order goes to your county vital records office first, then to Social Security, then to your state driver's license agency and your bank.
  • Bring the original court order (not a copy) to the vital records office, because they will not accept photocopies or certified copies for name changes in most states.
  • Your new Social Security card arrives by mail in one to two weeks, and you use that card to update your driver's license and other documents.
  • Some employers, insurance companies, and creditors will update your name on their own once they see your new Social Security card; others require you to call and request the change.

Requesting a name change in your divorce decree

If your divorce is not yet final, ask your attorney or mediator to include a name change clause in the settlement agreement. The clause should state your current legal name, the name you want to change it to, and that the court orders this change. This is the fastest route because you get the order when the divorce is granted, and you do not have to file anything extra.

If you are representing yourself without an attorney, look at your state's divorce forms — most include a section for name changes. Fill in the section, include it in your settlement agreement, and present it to the judge at your final hearing. The judge will sign the decree with the name change order included.

If your divorce is already final and you did not request a name change then, you will need to file a separate petition. This is called a petition for name change or petition to change name, depending on your state. You file it in the same county court where your divorce was granted. The filing fee is usually between $100 and $300. You may not need a hearing — many states grant name changes on the paperwork alone if there is no objection.

Getting your court order certified and ready to use

After the judge signs your divorce decree or name change order, ask the court clerk for certified copies. Order at least three to five copies, because you will need to show the original or a certified copy to the vital records office, Social Security, your driver's license agency, and possibly your employer or bank. Certified copies cost $5 to $15 each depending on your county.

Keep the original order in a safe place. Some offices will accept a certified copy, but the vital records office in your state may require the original — call ahead to ask. If you lose the original, you can get another from the court clerk, but it takes extra time and another fee.

Updating your vital records and Social Security

Take your certified court order to your county or state vital records office. This office is usually part of the health department or vital statistics bureau. You will fill out a form requesting a new birth certificate with your new name. Bring your original court order (or ask first whether they accept certified copies), your current ID, and the fee, which is usually $15 to $30 for a new birth certificate.

Your new birth certificate arrives by mail in two to four weeks. Once you have it, go to your local Social Security office or explore online through Social Security's website. Bring your court order, your new birth certificate, your current Social Security card, and a photo ID. Social Security will issue a new card with your new name in one to two weeks.

Do not update your driver's license or bank accounts until you have your new Social Security card in hand. Social Security is the master record — once it is updated, the other agencies will match their records to yours more easily.

Updating your driver's license, bank, and employer

Once you have your new Social Security card, take it to your state's driver's license agency (the DMV or equivalent). Bring your new Social Security card, your court order, your current driver's license, and proof of your current address (a utility bill or lease). The fee for a replacement license is usually $10 to $25. Your new license arrives by mail in one to three weeks.

Call your bank, credit card companies, and insurance providers and tell them your name has changed. Have your new Social Security card and court order ready when you call. Some will update your account on the phone; others will ask you to mail in copies of your documents. Ask each company what they need before you hang up.

Tell your employer's human resources department about your name change. Bring a copy of your court order and your new Social Security card. Your employer will update your payroll records and your W-4 form. If you have a 401(k) or other retirement account through your employer, ask HR to update that as well.

Updating other accounts and documents

After you have updated Social Security, your driver's license, and your bank, go through your other accounts and documents. Call or visit the websites of your mortgage lender, car loan company, utility companies, and any subscription services. Most will update your name once they see your new driver's license or Social Security card, but some require a phone call or a written request.

Update your passport by mailing your current passport, your court order, a new passport photo, and the fee to the State Department. Processing takes four to six weeks. Update your voter registration by contacting your local election office — you can usually do this online or by mail. Update your professional licenses (nursing, teaching, law, real estate, etc.) by contacting the licensing board in your state.

Check your credit report three to six months after your name change to make sure all accounts have been updated correctly. You can get a free credit report once a year from annualcreditreport.com. If you see accounts under your old name, contact the creditor and provide your new Social Security card and court order.

What to do if you want to keep your ex-spouse's name

You do not have to change your name after divorce. If you want to keep your ex-spouse's surname, you can do so without a court order in most states. However, you will still need to update Social Security and your driver's license to reflect your marital status change, even if your name stays the same.

If you kept your ex-spouse's name for years and built a career or reputation under that name, changing it later can be complicated. Consider whether you want to change it now or leave it as is. If you decide to change it later, you can file a petition for name change at any time — there is no important date.

Frequently Asked Questions

Can I change my name to something other than my maiden name?

Yes. You can change your name to any name you choose, as long as it is not for fraud or to evade the law. Include the name you want in your divorce settlement or name change petition. The court will grant it unless there is a legal reason not to.

Do I need a lawyer to change my name after divorce?

No. If your divorce is final and you are filing a separate petition for name change, you can file it yourself. Your state's court website has the forms and instructions. If you are still in the divorce process, including a name change in your settlement is straightforward enough to do without an attorney, though an attorney can make sure it is worded correctly.

How long does it take to change my name on everything?

Getting the court order takes one to four weeks. Updating vital records takes two to four weeks. Social Security takes one to two weeks. Your driver's license takes one to three weeks. Updating banks and other accounts happens over the phone or online and can be done when ready, though the changes may take a few business days to show up. Plan for six to eight weeks total from the time you file until all your documents match.

What if I lost my divorce decree?

Contact the court clerk in the county where your divorce was granted and request a certified copy of your divorce decree. There is a fee, usually $10 to $25. The clerk will mail it to you in one to two weeks. You can use this certified copy in place of the original for updating your name.

Do I have to tell my ex-spouse I am changing my name?

No. Your name change is a separate legal matter from the divorce. You do not need your ex-spouse's permission or consent. If your divorce decree already includes a name change order, the matter is settled. If you are filing a separate petition, you do not have to notify your ex-spouse unless your state law requires it — check your state's court rules or ask the court clerk.