Marriage • 14 min read • July 30, 2026
Name Change After Divorce: Complete State-by-State Guide (2026)
Complete guide to changing your name after divorce: reverting to a maiden name or former name, court order requirements, SS-5 process, DMV update, passport, bank accounts, and state-specific rules.
By the NameRight Editorial Team • Reviewed against official court sources • Last updated July 30, 2026
Divorce is one of the most common reasons for a legal name change
After a divorce, many people choose to revert to a former name — often a maiden name or a name used before marriage. Unlike name changes after marriage (which can typically be done with just a marriage certificate), post-divorce name changes nearly always require a court order as part of the divorce decree.
This guide covers how the name change after divorce process works in all 50 states, including what language to include in your divorce decree, how to update the Social Security Administration, DMV, passport, and other agencies, and what specific rules apply in different states.
The process varies significantly by state. Some states automatically restore your former name in the divorce decree. Others require a separate petition. Understanding your state's rules is essential to avoid delays.
How the divorce name change process works
In most states, a name change after divorce is included as part of the divorce proceedings. You typically request the name change when filing for divorce, and the judge includes the name restoration in the final divorce decree.
The general national process:
- Request the name change in your divorce petition or at the final hearing.
- The judge includes language restoring your former name in the divorce decree.
- After the decree is entered, request 2–3 certified copies from the court clerk.
- Use the certified decree to update SSA, DMV, passport, and other agencies.
- Processing time: varies by state but typically 4–12 weeks from filing to final decree.
State-by-state rules for divorce name changes
State laws on divorce name changes vary significantly. Here is how key states handle the process based on official court data:
- California (CA): Name change can be included in the divorce judgment. File a separate request (NC-130) if not included. Fee: $435–$470. Publication may be required unless waived.
- Florida (FL): Name restoration is included in the final judgment of dissolution of marriage. Use Form 12.982(a). Fee: approximately $400. No separate publication needed for divorce-related name changes.
- Texas (TX): Request name change in the divorce petition. The final decree includes the name restoration. Fee: $300–$365. Publication is generally not required for divorce-related name changes.
- New York (NY): Name change can be included in the divorce judgment. If not included, file a separate petition in Supreme Court or NYC Civil Court. Fee: $65–$300.
- Colorado (CO): Request name restoration in the divorce decree through District Court. Fee: $268. No separate publication required for divorce-related changes. Name can also be updated via DMV with decree.
- Illinois (IL): Name change is included in the divorce judgment. No separate court order needed. Fee: $300–$400 depending on county.
Step 1: Get the right language in your divorce decree
The most important step is ensuring your divorce decree includes specific language restoring your former name. Without this language, you will need to file a separate name change petition after the divorce is finalized.
What to ask your attorney or include in your petition:
- A clause stating: "The petitioner's name is hereby restored to [former name].'
- If the decree does not include this language, you can file a motion to amend the decree in most states.
- If the divorce is already finalized without the name change, file a separate name change petition in your county court.
- Some states allow you to use a certified copy of the marriage certificate in combination with the divorce decree to establish the connection between your names.
Step 2: Update Social Security (Form SS-5)
After receiving your certified divorce decree, update the Social Security Administration first. SSA must be updated before you can update most other agencies.
- Form SS-5: Complete the Application for a Social Security Card.
- Documents needed: Certified copy of the divorce decree showing name restoration, certified marriage certificate (to show the connection between names), valid photo ID, proof of citizenship.
- Fee: Free.
- Processing time: 2–4 weeks.
- You can apply in person at any SSA office or by mail.
Step 3: Update your driver's license (DMV)
After SSA has processed your name change (wait 24–48 hours for system sync), visit your state DMV to update your driver's license or state ID.
- Documents needed: Updated Social Security card, certified divorce decree, current driver's license, proof of residency.
- Fee: $10–$35 depending on the state.
- Processing: typically same-day at a DMV office.
- Some states require additional documentation. Check your state DMV website before visiting.
Step 4: Update your passport and other records
After SSA and DMV updates, notify other agencies in this recommended order:
- U.S. Passport: File Form DS-82 (by mail) or DS-11 (in person). Include certified divorce decree. Fee: $0–$145 depending on processing time.
- Employer / HR: Update payroll, benefits, and tax withholding (W-4, W-2).
- Bank and financial accounts: Visit your bank with updated ID and decree.
- Insurance: Contact health, life, and auto insurance providers.
- Credit bureaus: Notify Experian, Equifax, and TransUnion to update your name.
- Voter registration: Update through your state's election office.
Cost summary for name change after divorce
Costs vary by state and situation. See our [Name Change Cost by State 2026](/blog/name-change-cost-by-state-2026) for detailed state-by-state fee comparisons.
- Divorce filing fee (includes name restoration): $200–$500 depending on state.
- Certified copies of divorce decree: $5–$25 each (get 2–3).
- SSA name update (Form SS-5): Free.
- DMV replacement license: $10–$35.
- Passport name update: $0 (DS-5504 within 1 year) to $145 (DS-82 renewal).
- Publication costs (if separate name change petition required): $50–$200.
- Fee waivers: Available in most courts if you cannot afford filing fees.
Frequently asked questions
Q: Does a divorce automatically change my name? A: No. Your name does not change automatically when you get divorced. The divorce decree must include specific language restoring your former name.
Q: Can I change my name to something other than my former name after divorce? A: In most states, yes — but you may need to file a separate name change petition rather than using the divorce process. Consult with an attorney.
Q: Do I need a lawyer for a divorce name change? A: If the name change is included in the divorce petition, you do not need a separate attorney for the name change process. However, for the divorce itself, consulting with an attorney is recommended.
Q: How long does the full process take? A: The divorce itself takes 2–6 months depending on complexity. After the decree, SSA takes 2–4 weeks, DMV is same-day, and passport takes 6–11 weeks. Plan for 3–8 months total.
Q: What if my divorce is already final and does not include a name change? A: You can file a separate name change petition in your county court, following the standard name change process for your state.
Q: Where should I verify current requirements? A: Start with your county court or divorce attorney. State-specific information is available on each state's judicial branch website.
Keep moving forward
Pair this guide with your state-specific rules or start from a pathway that matches your situation if you want a calmer next step.
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