How to Change Name After Divorce

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: July 22, 2020 Approved

Your last name does not automatically revert to your former or maiden name once you get divorced. In order to revise your name after a divorce, follow the procedures set forth during the divorce process, by federal law, and in your respective state.

Method 1

Method 1 of 2:

Changing Your Name in Divorce Court

1
Include a name change request with your divorce petition. Most states allow someone to change their name before a divorce is finalized. While the process will vary from state to state, it is typically fairly easy to request that the divorce court judge enter a formal order changing your name back to your previous name.
- You should get the necessary name change request form from the court clerk so that your request can be processed. The name of this form varies from state to state, so check with your legal representative or court clerk if you are representing yourself.
- Fill out the form in its entirety to avoid processing delays. If you are filling out the form on your own, the court clerk can assist you if you have any questions or concerns. Typically, you can bring the form to your divorce hearing.
- If your divorce is finalized and contains a court order changing your name, you can use the order to change your other documents.
2
Change your name on your Social Security Card. You can use the court order changing your name to change your Social Security Card.
- Obtain an "Application for a Social Security Card" form at your nearest Social Security office. You can also download the form from the Social Security website at http://www.socialsecurity.gov/forms/ss-5.pdf.
- Gather necessary documentation that must accompany the form. ^{[1]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source} You will need a certified copy of your divorce decree and an approved name change petition form, as well as a document that shows your former name (The Social Security Office will accept an expired document with your old name). You can get a certified copy of your decree from the court where your divorce was filed and finalized. You will also need “proof of identity” and “proof of age.” ^{[2]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source} A copy of your birth certificate should be sent as your “proof of age,” however, a birth certificate cannot be used as proof of identity. ^{[3]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source} You should send a photocopy of your drivers license or passport as your proof of identity.
- Complete the "Application for a Social Security Card" completely and legibly. You will be asked for general information such as your name and address. ^{[4]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source}
- Mail the form (using certified mail) and supporting documents to address listed on the Social Security Administration website. Expect to receive your new Social Security card in 7 to 14 days. If you don't feel like mailing these important documents, you can visit your nearest Social Security office. To find the nearest office, visit Social Security's website at https://secure.ssa.gov/ICON/main.jsp/ https://secure.ssa.gov/ICON/main.jsp and enter your zipcode.
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3
Change your name on your drivers license. To change your name on your drivers license, you should go to your local DMV with your divorce decree. In most states, there is a simple form that you will fill out to get a new license.
- Provide your divorce decree and your current driver's license with the form.
- Keep in mind that in some states you may be required to pay a small fee to get a new license.
4
Change your name on your passport. To change your last name on your passport, you will need to apply for a new passport. The procedure on getting a new passport will differ based on how long you have had your current passport. ^{[5]
X
Research source}
- If your passport was issued less than one year ago, you should complete Form DS-5504 which can be found at https://eforms.state.gov/Forms/ds5504.pdf and send it to the Passport Office along with your original or certified name change document, your old passport, and a current passport photo. ^{[6]
  X
  Research source} If you would prefer, you can fill out the DS-5504 form online at https://pptform.state.gov/.
- If your passport was issued more than one year ago, you should complete Form DS-82 which is available at https://eforms.state.gov/Forms/ds82.pdf and send it to the passport office along with original or certified name change document, your old passport, a current passport photo, and the required $110 fee. You can also fill out the DS-82 form online at https://pptform.state.gov/.

Method 2

Method 2 of 2:

Changing Your Name After Your Divorce has Been Finalized

1
Determine your state’s requirements. If you did not request to change your name during your divorce, you will probably be required to go through your state’s normal “name change process” in order to restore your previous name. All states will have different requirements for changing a name, but because you are simply changing your last name to a name you had previously, it is unlikely that you will encounter any problems. ^{[7]
X
Research source} Typically, if you visit your state court’s website, you will be able to find information on changing your name.
2
Fill out a petition. Most states require you to fill out a petition to change your name. Go to the courthouse or your state's court website to obtain the proper forms.
- The petition will likely ask for your general information, your current last name, and the name that you would like to change it to.
- Most petition’s also ask for a reason why someone wants to change their name. In this case, you will simply need to say that you are changing your name back to your previous name after your divorce.
3
File your petition. Once you're finished filling out the petition, take it back to the courthouse to have it notarized and signed. No appointment is necessary, however, you should make sure that you go to the court during its regular business hours.
- You may also get your petition notarized at a bank before returning it the courthouse.
- After the petition is signed, file it with the clerk. After you file, the clerk will tell you your next steps.
- Depending on your state, the clerk will schedule a name change hearing which will be in front of a judge after you file. Not all states require a hearing, but if yours does, make sure you are available to attend.
- At the time you file the petition, make copies for your own records.
4
Attend your name change hearing if required. Most name-change hearings are fairly straightforward. Simply tell the judge that you want to change your last name due to a divorce. After your hearing, the judge will approve your request and you will be given a name change court order by the clerk.
- When you get your name change order, you will probably have the opportunity to get a certified copy. While getting a certified copy will probably cost you $10-$20, you will need this “official copy” to change your name on your other documents.
5
Put an ad in the newspaper announcing your name change, if required to do so. Some states require that you publish your new name somewhere in public before you can get an official order. If your state requires you to publish your name change, the judge or court clerk should tell you at your hearing.
- Some states allow you to simply post in a public place such as a designated bulletin board at the courthouse, while others require you to take out an ad in a local newspaper.
- Keep the name change published for the designated period of time required by your state.
- Lawyers, individuals who have been convicted of a crime and immigrants must notify the state bar, the Criminal Justice System, or the Immigration and Naturalization Services, respectively, in addition to putting an ad in the paper.
6
Change your name on your Social Security Card. You can use the court order changing your name to change your Social Security Card.
- Obtain an "Application for a Social Security Card" form at your nearest Social Security office. You can also download the form from the Social Security website at http://www.socialsecurity.gov/forms/ss-5.pdf.
- Gather necessary documentation that must accompany the form. ^{[8]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source} You will need a certified copy of your divorce decree and an approved name change petition form, as well as a document that shows your former name (The Social Security Office will accept an expired document with your old name). You can get a certified copy of your decree from the court where your divorce was filed and finalized. You will also need “proof of identity” and “proof of age.” ^{[9]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source} A copy of your birth certificate should be sent as your “proof of age,” however, a birth certificate cannot be used as proof of identity. ^{[10]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source} You should send a photocopy of your drivers license or passport as your proof of identity.
- Complete the "Application for a Social Security Card" completely and legibly. You will be asked for general information such as your name and address. ^{[11]
  X
  Trustworthy Source
  Social Security Administration
  Independent U.S. government agency responsible for the administration and management of Social Security
  Go to source}
- Mail the form (using certified mail) and supporting documents to address listed on the Social Security Administration website. Expect to receive your new Social Security card in 7 to 14 days. If you don't feel like mailing these important documents, you can visit your nearest Social Security office. To find the nearest office, visit Social Security's website at https://secure.ssa.gov/ICON/main.jsp/ and enter your zipcode.
7
Change your name on your drivers license. To change your name on your drivers license, you should go to your local DMV with your name change order. In most states, there is a simple form that you will fill out to get a new license.
- Provide your court order and your current driver's license with the form.
- Keep in mind that in some states you may be required to pay a small fee to get a new license.
8
Change your name on your passport. To change your last name on your passport, you will need to apply for a new passport. The procedure on getting a new passport will differ based on how long you have had your current passport. ^{[12]
X
Research source}
- If your passport was issued less than one year ago, you should complete Form DS-5504 which is available athttps://eforms.state.gov/Forms/ds5504.pdf and send it to the Passport Office along with your original or certified name change document, your old passport, and a current passport photo. ^{[13]
  X
  Research source} If you would prefer, you can fill out the DS-5504 form online at https://pptform.state.gov/.
- If your passport was issued more than one year ago, you should complete Form DS-82 which is available at https://eforms.state.gov/Forms/ds82.pdf and send it to the passport office along with original or certified name change document, your old passport, a current passport photo, and the required $110 fee. You can also fill out the DS-82 form online at https://pptform.state.gov/.