How to Change Your Name After a Divorce

You probably felt excited about changing your last name when you married. Maybe you took your spouse’s last name, hyphenated your name, or both changed your last name together. Whatever the case, changing your name was an indicator of your new marital status and helped cement your bond with your spouse. Now, after divorce, that last name no longer represents who you are. In fact, your last name probably carries painful baggage. While you can’t get rid of regrets and difficult memories related to your marriage, you can drop that last name and reclaim your original identity. Many newly divorced people want to know how to change your name after a divorce.

The process can be time-consuming and requires good organization and follow-up skills. But many people find it worth the effort when they are able to officially return to their original name.

Here’s what you need to know about changing your last name after divorce.

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Reasons to Change Your Name After Divorce

After your dissolution of marriage is finalized, one of the many decisions you’ll have to make is whether to keep your married name or change back to your original surname (or maiden name). While some people opt to keep their married surname for consistency or personal preference, many more divorcees want to legally change their name post-divorce.

Every person is different and so are their reasons for setting out on the difficult name-changing journey. However, some common reasons people change their names back after divorce include:

Dissociating from an Ex-spouse

One of the most common motivations for people to revert to their original surname after divorce is to create distance from their ex-spouse. Keeping an ex’s last name can feel like holding onto a marriage that no longer exists. Taking back their prior name allows you to cut the chord on the marriage and to free yourself from a connection with your ex. It’s a powerful way to give yourself a fresh start.

Restoring Identity

While this article can be relevant for any gender, it’s useful to note that nearly 80% of women in opposite-sex marriages take their husband’s last name. Another 5% of women hyphenate their name. (Note: The data collected in this survey on same-sex couples was too small to analyze.) After years of building a career, credentials, and identity under their married name, some people feel that going back to their birth name feels like reconnecting with their sense of self. It allows them to restore the identity they had before the marriage.

Empowerment

For some people, changing back to their original surname serves as the ultimate act of empowerment, especially after a painful divorce. It symbolizes breaking free from a union that did not work out. Returning to their prior name enables them to move forward as an individual rather than a former spouse.

When Can You Legally Change Your Name After Divorce?

If you’re eager to get your original last name back, you probably want to know how quickly you can pull the trigger after the divorce is final.

The good news is that in most cases, you can legally change your last name as soon as the divorce is finalized and the divorce decree is issued. (Learn about how long it takes to get divorced.) This means once the judge signs off on the divorce paperwork making it legally binding, you’re free to start the name change process.

However, some states require a waiting period after the divorce is finalized before you can officially change your name. For example, a few states make you wait 30 days after the divorce decree before filing for a name change. These “cooling off” periods are designed to prevent anyone from changing their name in the heat of emotion during the divorce. Make sure to check your state laws to see if there is a required waiting period. (If you’re working with a divorce lawyer, they can be a great resource and provide legal advice on this issue.)

The Basic Steps of the Name-Change Process

Once your divorce proceedings are over, you’ve received your divorce decree, and you’ve completed any state-mandated waiting period, you can now change your name. What exactly do you need to do? Take a breath. This part does require a bit of work, but just tackle each step one at a time.

Step 1: File a Name Change Petition

You’ll need to file paperwork, called a “petition” or “application” for a name change, with your local county court. You should be able to download the forms from your county court’s website.

The forms ask you to state your current legal name and the new name you want to take on. Requirements vary by state but you typically have to provide several proofs of identity and other paperwork, including:

Photo ID like a current driver’s license
Certified copy of your birth certificate
Certified copy of your divorce decree
Filing fees which range from $50 to over $400 depending on the county. (Some states offer fee waivers depending on your income.)

Step 2: Publish Your Intent in the Newspaper

Most states require publishing your intent to change your name in a local newspaper for 4-6 consecutive weeks. This public notification allows anyone who objects to your name change to come forward. You may be able to find a list of accepted outlets on your county court’s website. (Your county clerk may also be able to advise you in this process.) Most papers will include a phone number and website address. You may be able to set up your notice directly through the newspaper’s website. Or, you can call their number and receive personalized assistance.

Be aware that newspapers charge a fee for the publication which can range from $25 to $150. After your notice has gone out, the newspaper will provide you with confirmation that you can use at your court hearing.

Step 3: Schedule a Court Hearing

Once you’ve filed your name-change petition and completed the required public notice waiting period, contact your local court to schedule a hearing. This usually takes 10-12 weeks after filing. If you’re ever confused, you can always call or visit your local county courthouse for assistance.

You’ll need to attend the hearing at your county courthouse and answer any questions from the judge. These hearings tend to be brief.

Step 4: The Judge Approves Your Petition

If everything checks out at your court hearing, the judge will approve an order to legally change your name. Hooray! The court clerk will provide certified copies of the name change order. You’ll need this paperwork as you begin the task of updating your name in all areas of your life.

Updating All Your Accounts

You’ve officially and legally gotten your name changed. Whoo-hoo! Now comes the fun part. Wait, did we say “fun”? We meant tedious.

After a judge approves your name change, the real work begins. Now you’ve got to convince every government agency, credit card company, and even your local gym to update your name. But, if you did it once when you originally changed your name after your marriage, you can do it again.

Take your time. Focus on the most important accounts and documents first. And give yourself plenty of grace along the way.

Here are some of the most important documents and accounts to update first:

Driver’s license and auto registration – Visit the DMV (Department of Motor Vehicles) to get a new license and title/registration documents reflecting your new name.
Passport – Submit a name change application along with your court order, ID, and passport photos to the passport office. You will receive a new passport under your maiden name.
Social Security Card – Fill out an application with the Social Security Administration for a new social security card and include your court order. This can take up to 12 weeks.
Insurance – Contact health, life, auto, and home insurers to update your policy names.
Financial accounts – Bank accounts, investment accounts, and credit cards all need to reflect your new name. Fill out change forms at each institution.
Bills and utilities – Change your name with your cell phone carrier, gas/electric, internet/cable, and other utility companies.
Medical records – Notify doctors, dentists, optometrists, and other healthcare providers. Supply your name change order.
Work – Notify HR at your job to update payroll and employment records.
Voter registration – Update your information with the local election office.
Property deeds – If you own a home or other property, work with an attorney to file new property deeds.
Tax records – Notify the IRS and your state’s tax agency. File future tax returns under your new name.
Investment accounts – Update your name with your brokerage firms, 401K, IRAs, and pensions.
Children’s records – If you have kids, update your contact information at their schools, doctors, childcare, and extracurriculars.
Mortgage/rental accounts – Contact your lender or landlord to update your name.
Professional licenses – Update any professional certifications and licenses.
Trusts, wills, estates – Work with an attorney to update your other legal documents.
Subscriptions – Update all your subscriptions, including magazine subscriptions, apps, cable packages, and more
Rewards programs – Review and update all your reward accounts, including airline rewards, hotels, and credit card points programs.
Memberships – Change your name at your gym, alumni associations, unions, etc.
Loyalty/ID cards – Update your library card, warehouse memberships, etc.
Online profiles – Update your name on Facebook, LinkedIn, Twitter, and other accounts.

Be as thorough and organized as possible. Keep a list tracking each request and the date you sent the request. Don’t be afraid to follow up if you fear that your request has fallen into a black hole.

Most importantly, be patient! It can take several months to complete the process. Keep in mind that the process of updating your identification documents and accounts is long and arduous, but it will be worth it when your driver’s license, bank statements, insurance policies, and legal identification show your preferred name.

Special Considerations for Children

One of the reasons people choose to change their name after marriage is to create a single family surname when children enter the picture. But what happens when you get divorced and reclaim your original surname?

For a variety of reasons, especially if you have primary or full custody of the children, you may want to change their last names to your surname. This can be a tricky procedure, especially if your spouse fights you on the issue.

Here’s what you need to do.

Get Consent from Your Ex

Before changing your children’s names, it’s advisable to get written consent from your former spouse if you share legal custody. This can help avoid any disputes. If your ex objects to the kids changing their last name, you may need to work with an experienced family law attorney and go through family court to legally change their names. Just keep in mind that extended legal wrangling can be financially costly and have negative impacts on your children.

Update Their Records

Once you’ve agreed on changing the children’s surnames, all of their official records will need to be updated including:

Birth certificates – File new ones reflecting name change
School enrollment – Provide name change order to schools
Medical records – Notify pediatricians, dentists, and other specialists
Passports – Apply to update passport names and documents
Insurance – Contact health insurance companies
Government benefits – Update their names with Social Security, WIC, Medicaid/CHIP

Along with the logistical changes, understand that name changes can be emotionally confusing for kids. Be patient and explain to them why taking back your surname aligns with your new life after divorcing their other parent. With care and communication, children can adjust to these changes. (Learn more about how to help your children adjust after divorce.)

Changing Your Name and Starting a New Chapter

Deciding to change your name after a divorce is a highly personal choice. For many divorcees, reverting back to their original surname or maiden name can represent gaining back their identity, making a fresh start, and emotionally moving on. It can also represent the final step of your divorce journey.

Luckily, the process is fairly straightforward, if a little work-intensive. Once the divorce process is finalized and you have a certified divorce decree, you can petition the courts for an official name change. Then comes the administrative work of changing your name on all your identification, legal documents, financial accounts, and more.

While it takes effort to complete the name change process, for many people, seeing their pre-marriage name restored makes it worthwhile. Their original surname is a reflection of their newfound independence and a symbolic way to turn the page to the next chapter of life after divorce.

Do you have more questions about divorce? You can get personalized answers from divorce specialists, like divorce attorneys, financial specialists, and therapists at your local Second Saturday Divorce Workshop. Find a workshop near you.