Top Five Questions about Name Change and Divorce

1. Can anyone resume a former last name as part of a divorce?

All states allow either or both spouses to resume a former legal last name as part of a divorce. However, to change a first, middle and/or last name to one you have never legally had before, a legal name change petition will likely need to be filed instead.

2. Do I have to change my name back when I get divorced?

A spouse requesting a name change must do so of their own accord. One spouse cannot request a name change on behalf of the other spouse or force the other to get a name change. In many states, only the spouse who is filing for divorce, also known as the Petitioner or Plaintiff, may request a name change in the petition or complaint for divorce. In some states, the other spouse, known as the Respondent or Defendant, must file a separate document requesting a name change along with a proposed order. In most states though, no separate request is needed if their name change is included in the signed settlement agreement or decree.

3. How do I change my name on my driver’s license and Social Security card?

Once the judge signs the decree or judgment, granting the name change as part of the divorce, a certified copy can be obtained for a small fee from the court clerk’s office. A certified copy is needed to get a new Social Security card, driver’s license and passport as well as to change your name on accounts. Depending on the state, the Decree itself may not specifically list the name change, but should reference a signed settlement agreement of the parties wherein a name change is included. In that case, both documents will be needed because the paperwork must show the married name and the new name. If your state required a separate motion and order for the Respondent’s name change, those documents will be needed for that spouse to get a new driver’s license and Social Security card.

4. How long do I have to get a new license and Social Security card?

There is no set time limit on when you must change your name with the various government agencies. The right to do so does not expire under your decree. However, the sooner you change those documents, the better. Moreover, it is inadvisable, not to mention potentially illegal at some point, to continue to drive with a license that does not reflect your current legal name.

5. What if I did not get a name change in the divorce?

If you did not request a name change when you got divorced, but later want one, some states have a simplified procedure designed specifically to let a former spouse resume a former last name without going through a legal name change process. In states that do not offer that option, judges may grant a petition to amend the divorce decree to allow a spouse to resume a former last name without filing a legal name change petition. Either of those methods will usually allow that spouse to avoid a criminal background check and/or notice by publication, one or both of which may be required before a legal name change petition can be granted. Those options will also save time and money.

If neither of those is an option, it will be necessary to file a legal name change petition. This will be a new case, separate from the divorce case, possibly filed in a different court entirely, and will require a filing fee.