Changing Your Name After Divorce - The How-To Guide

Going through a divorce is a big life change, and for many people, that change extends to their name. 

Whether you’re thinking about reclaiming your maiden name, choosing a completely new last name, or even keeping your married name, it’s a deeply personal decision.

We’ll break down everything you need to know about changing your name after divorce in the United States, what it involves, how to do it, and all the practical details that can make the process smoother.

Do I have to change my name after divorce?

Absolutely not, it’s 100% optional.

You’re not legally required to change your last name after divorce. Many people keep their married name indefinitely, especially if:

• They want to match their children’s last name.

• They’ve built a professional reputation under that name.

• They don’t want to go through the hassle of updating every account and document.

On the flip side, others feel strongly about reclaiming their maiden name or even choosing something entirely new. Both choices are valid.

Should I change my name after divorce?

One of the first questions many people ask is: Should I even change my name at all?

The truth is, there’s no right or wrong answer. It depends entirely on your feelings, lifestyle, career, and circumstances. Here are some factors to think about:

Personal identity

For some, reclaiming their maiden name feels like taking back their independence. For others, particularly after a long marriage, the married name has become a core part of their identity.

Children

If you share kids with your ex, you might want to keep the same last name to avoid confusion at school and doctors’ offices, or during travel.

Emotional reasons

Sometimes, keeping a married name can feel like hanging onto the past. Other times, it can feel like a neutral choice - just a name.

There’s no deadline to decide. If you’re unsure, you can take your time. Many people wait months or even years before making the switch.

How to change your name after divorce

The good news is that the divorce process itself often makes a name change easier. Here are the main ways it usually works:

Request it in your divorce decree

Most states allow you to ask the judge to include your name change in your divorce judgment. If approved, the court order itself serves as your official name-change document.

Petition the court separately

If you didn’t request a name change during your divorce or you change your mind later, you can still file a petition for a name change with your local court. This process usually involves filling out paperwork, paying a filing fee, and attending a short hearing.

Update your records

Once you have your divorce decree or name change court order, you’ll need to update your records with different institutions and agencies (more on this in the checklist below).

Is there a time limit to change your name after divorce?

There’s generally no time limit for changing your name after a divorce. You could change it during the divorce, right after the divorce is finalized, or years down the road.

The only real limitation is convenience; if your decree doesn’t mention your name change, you’ll have to go through the court petition process later, which involves a bit more paperwork and cost.

So, if you’re leaning toward a name change, it can be simpler to include it in your divorce proceedings. But don’t stress, waiting is always an option.

How to change children’s names after divorce

Changing your children’s last name is more complicated than changing your own.

Key things to know are:

• Consent is required: In most states, both parents must agree to a child’s name change. If one parent objects, you’ll usually need to go to court and prove that the change is in the child’s best interest.

• Court petition: Even with both parents’ consent, you’ll typically need to file a petition with the court. The judge may ask about the child’s age, wishes (if they’re old enough), and how the change would affect them.

• Best interests: Judges often consider factors like avoiding confusion, maintaining stability, and protecting the child’s emotional well-being.

If your goal is to have the same last name as your children, you might decide to keep your married name rather than going through the process of changing theirs.

How much does it cost to change your last name after divorce?

The cost varies depending on your state and how you go about it.

If you include your name change in your divorce decree, it is usually free. The court order already gives you legal authority to change your name. 

If you file for a name change separately, expect filing fees that range from $100 to $500, depending on your county. Some states may also require publication of your name change in a local newspaper, which adds to the cost.

For more information on costs associated with the process, read our guide on how much a divorce costs.

Don’t forget, fees for updated documents, including driver’s license, passport, and professional licenses, can all add up.

Do I have to publish my name change in a newspaper?

You might have heard about people being required to publish their name change in the newspaper, and yes, in some states, that’s still a thing.

• Who it applies to: This usually applies if you’re filing a separate name-change petition, not just using your divorce decree. Some states require you to publicly announce your new name as part of the legal process.

• Why it exists: The idea behind this old rule was to prevent fraud or people trying to avoid debts by changing names secretly. By publishing, the public gets a chance to object if something looks suspicious.

• How it works: Typically, you need to run the notice once a week for three to four weeks. Afterward, the newspaper gives you proof of publication, which you file with the court.

If you’re in a state with this requirement, check with your local court clerk. They should have a list of approved newspapers and can walk you through the process step-by-step.

What if I want a completely new last name?

While most people return to their maiden name after divorce, you’re not limited to that. If you want a completely new last name (not connected to your birth name or married name), you’ll usually need to go through the general legal name change process, not just the divorce decree.

This involves:

• Filing a petition with the court

• Paying filing fees

• Publishing your name change in a local newspaper (in some states)

• Attending a hearing

It’s a different process, but it’s absolutely possible.

Name change after divorce checklist

Once you’ve got your legal name-change document (whether divorce decree or court order), it’s time to update your information everywhere. Here’s a checklist to guide you:

Government documents

• Social Security Administration: File form SS-5 with your divorce decree.

• Driver’s license and/or state ID: Visit the DMV with your court order.

• Passport: Submit form DS-82 (renewal) or DS-5504 (for corrections), plus your decree.

• Voter registration: Update with your local election office.

Financial institutions

• Banks and credit unions

• Credit card companies

• Mortgage and loan accounts

Work and professional life

• Employer payroll and HR systems

• Retirement accounts (including 401(k) and pension)

• Professional licenses or certifications

Health and insurance

• Health insurance provider

• Auto, home, and life insurance policies

• Doctor’s offices and pharmacies

Personal life

• Utilities and phone service

• Lease or property deeds

• School records (if you have kids)

• Online accounts (email, subscriptions, social media)

Make a folder to keep copies of your name-change documents handy. You’ll need them more often than you think.

Common questions about divorce name changes

Can I keep my married name even if my ex doesn’t like it?

Yes. Unless your divorce settlement specifically requires a name change (which is rare), you’re free to keep your married name as long as you want.

Will changing my name affect my credit score?

No. Your credit history stays linked to your Social Security number, not your name. Just make sure to update your accounts so everything matches.

How long does the process take?

If your name change is in your divorce decree, you can usually update your records right away. If you need to file separately, it can take a few weeks to a few months, depending on court schedules.

Final thoughts

Changing your name after divorce can feel like a fresh start, or it might feel unnecessary. The most important thing is that it’s your choice.

If you do decide to change your name, the process may seem overwhelming at first, but with the right documents and a clear checklist, it becomes a series of manageable steps. 

Whether you return to your maiden name, keep your married name, or choose something brand new, the name you carry forward should reflect who you are today, not just who you were in the past.

For advice and guidance on how to handle the rest of the divorce process, download the Splitup app.