How To Change Your Name After Divorce

Restoring your former name after divorce, or adopting a new one, is a common step for many people. Whether you do it during the divorce process or after it's finalized, there are a few important steps to follow to ensure your name change is legally recognized across all your identification documents.

Changing Your Name During Divorce

If you want to restore your maiden name or adopt a new name during the divorce process, you can include this request in your divorce pleadings. Your attorney will handle this by including the request in your court filings. Once the divorce is finalized, the signed divorce decree will serve as your legal proof of the name change, which you can then use to update your documents (driver's license, Social Security card, etc.).

Changing Your Name After Divorce

If your divorce has already been finalized and the decree doesn’t include a name change, don’t worry—you can still file a name change petition with the court. Here’s how to do it:

  • File a Petition: Submit a notarized petition with the circuit court. You’ll need to provide:

    • Your prior name

    • Your birthdate

    • Your Social Security number or driver’s license number

    • The new name you wish to adopt

    • A brief explanation, like a divorce, for the name change

  • Pay the Court Fee: There will be a filing fee to file the petition.

Once the court approves your petition, you can use the court order to update your identification documents.

Step-by-Step Name Change Process

Here’s how to go through the process of changing your name on key documents:

1. Get a Certified Copy of Your Divorce Decree or Court Order

Call the Clerk of the Court where you were divorced and tell them you need a certified copy of your decree or order. They will instruct you on how to do so in person or by mail.

2. Update Your Social Security Information

Visit the nearest Social Security Administration (SSA) office and fill out Form SS-5 to update your name.

You’ll need to bring:

  • A certified copy of your divorce decree or court order

  • Valid government-issued photo ID (e.g., driver’s license or passport)

  • Proof of citizenship (birth certificate or valid passport)

  • Your original Social Security card

The SSA will notify the IRS of your name change automatically. You’ll receive your updated Social Security card by mail.

You can complete this process by mail or in person.

3. Update Your Driver’s License

Wait 48 hours after visiting the SSA, or until your new Social Security card arrives in the mail, before updating your driver’s license at the DMV.

Bring the following to the DMV:

  • Certified copy of your divorce decree or court order

  • Current driver’s license or state ID

  • Proof of citizenship (birth certificate or valid passport)

  • Old Social Security card or SSA receipt verifying your name change

  • Two documents proving your state residency (e.g., a utility bill or bank statement with your current address)

4. Update Your Passport

The process to update your passport depends on how recently it was issued:

For passports issued more than 12 months ago, submit Form DS-82.

For passports issued less than 12 months ago, submit Form DS-5504.

If your passport is expired by more than 5 years, or you’re applying for your first passport, submit Form DS-11.

Mail the appropriate form along with required documentation, a new photo, and the necessary fee.

Other Places to Update Your Name

Beyond the big-ticket items like Social Security and your driver’s license, don’t forget to update your name in other important areas:

  • Voter registration

  • U.S. Postal Service

  • Your employer

  • Banks, credit cards, and investment accounts

  • Insurance policies (health, car, life, etc.)

  • Utility companies, cable/internet providers, and phone services

  • Subscriptions or memberships

Final Thoughts

Whether you change your name during or after the divorce process, the steps are manageable with the right documentation. Be sure to take care of the essential identification documents first—Social Security card, driver’s license, and passport—before updating everything else. If you’re unsure or need help navigating the process, consider consulting with one of our knowledgeable attorneys. Good luck!

General Advice, Family LawLeslie CopelandDivorce, Name change