How to Change Your Name Back to Your Maiden Name After Marriage

The basic process: court order, then documents

To change your name back to your maiden name, you file a petition with your local court, get a judge's signature on an order, and then use that order to update your Social Security card, driver's license, passport, and other documents. The court process itself usually takes two to eight weeks depending on your state and whether anyone objects. You do not need a lawyer, though some people hire one to handle the paperwork.

The exact steps and fees vary by state. Some states let you change your name as part of a divorce decree at no extra cost. Others require a separate petition filed in family court or civil court, with filing fees ranging from $100 to $500. A few states have streamlined online filing for name changes; most still require you to appear in person or submit documents by mail.

Key Takeaways

You file a petition for name change in the family court or civil court in the county where you live, not with any state or federal office.
If you are divorced, check whether your divorce decree already includes a name change order — many do, and you can skip the separate petition.
After the court signs your order, you must present it to Social Security, your state's DMV, and the passport office to update each document separately.
The entire process from filing to updated ID typically takes two to four months, depending on how quickly you submit documents to each agency.
You do not need a lawyer, but you will need to fill out forms specific to your state and possibly appear before a judge.

Check your divorce papers first

If you are divorced, your divorce decree may already contain a name change order. Many divorce settlements include language that restores your maiden name as part of the final judgment. If yours does, you can skip the separate petition and go straight to updating your documents — you already have the court order you need.

Contact the court that handled your divorce and request a certified copy of your final divorce decree. Read it carefully for any clause about name restoration. Common language includes "the court restores the petitioner's maiden name" or "the respondent's former name is restored." If that language is there, you have your court order. If it is not, you will need to file a separate petition.

Filing a petition in your local court

Contact the family court or civil court in the county where you live. Ask for the name change petition form — it is usually called a "Petition for Change of Name" or "process for Change of Name." Some courts post the form on their website; others mail it or require you to pick it up in person. The form asks your current name, the name you want, your reason for the change, and whether anyone has objected.

Fill out the form completely and file it with the court clerk, along with the filing fee (which varies by state and county). You will receive a hearing date, usually four to eight weeks out. Some courts allow you to waive the hearing if no one objects; others require you to appear before a judge regardless. The clerk will tell you which applies in your county.

On your hearing date, bring the original petition and any supporting documents the court requested. If no one objects, the judge will sign the order on the spot or within a few days. If someone does object, the judge will hear both sides and decide. Objections are rare in maiden name changes.

Updating your Social Security record

Once you have a signed court order, take it to your local Social Security office in person. Bring the original order (or a certified copy), your current Social Security card, and a photo ID. The Social Security Administration will not accept a photocopy of the order, so do not mail it — you must appear in person or use an authorized representative.

The office will update your name in their system and mail you a new Social Security card within two to four weeks. You do not need to pay a fee. Keep the receipt they give you as proof that you have applied, because you will need it when you update your driver's license and passport.

Getting a new driver's license and state ID

Visit your state's Department of Motor Vehicles (DMV) in person. Bring your court order, your current driver's license, your new Social Security card (or the receipt from Social Security showing you applied), and a photo ID if your license has expired. Some states also require a birth certificate or passport.

The DMV will take your old license, photograph you, and issue a new one with your maiden name. The fee varies by state, usually $15 to $50. Your new license will arrive by mail within one to three weeks. If you need to drive before it arrives, ask the DMV for a temporary paper license.

Updating your passport

If you have a U.S. passport, you must update it with your new name. Mail or explore in person at a passport acceptance facility (post offices, libraries, and some courthouses accept passport applications). Bring your current passport, your court order, a new passport photo, and the completed Form DS-11 (if explore in person) or Form DS-82 (if explore by mail).

The passport office will not accept a photocopy of your court order, so bring the original or a certified copy. Processing takes four to six weeks for routine service or one to two weeks for expedited service (which costs extra). If you travel internationally before your new passport arrives, you can travel on your old one as long as your court order is with you.

Frequently Asked Questions

Can I change my name back without going to court?

No. A court order is the only legal way to change your name in the United States. Some states allow you to include the name change in your divorce decree, which avoids a separate petition, but you still need a judge's signature. You cannot change your legal name by straightforward using a different name or filing documents under a different name.

Do I need a lawyer to file the petition?

No. The petition form is straightforward and designed for people to file without a lawyer. However, if you are concerned about the process or your state's forms are complex, a family law attorney can file it for you, usually for $300 to $800. Many legal aid organizations offer free or low-cost help if you may have access to based on income.

What if I remarried and want to go back to my maiden name?

The process is the same. You file a petition for name change in your county court, get a judge's order, and update your documents. Your current marital status does not affect your right to change your name back. If you are currently married and want to use your maiden name, you can do so without divorcing.

How long does the whole process take?

From filing the petition to receiving your updated driver's license and Social Security card usually takes two to four months. The court hearing takes two to eight weeks, and then each agency (Social Security, DMV, passport office) takes another two to four weeks to issue new documents. If you use expedited passport service, you can shorten that part to one to two weeks.

Will my maiden name change affect my credit or legal history?

No. Your credit report and legal history stay with you under both names. Credit bureaus will note the name change, and creditors will see both your old and new names on your file. Your criminal history, court records, and other legal documents remain part of the public record under your former name, but you can reference your court order if needed to explain the change.

This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.