How to Change Your Name After Divorce (Restore Your Maiden Name)

You can change your name back after divorce in two ways. The cheapest is to request it inside the divorce itself: you check a box on the forms and the judge restores your former name in the decree, at no extra cost. If the divorce is already final, you file a separate request or petition, which usually carries a fee. Either way, you can only return to a prior or maiden name, not invent a new one, and the signed decree is your legal proof.

Divorce comes with enough paperwork. The good news about getting your name back is that it's usually one of the easiest parts, and if you handle it at the right moment, it's free. The catch is timing. Do it inside the divorce and it costs nothing; do it afterward and you're looking at a separate filing and a fee.

This guide covers both paths, what each costs, what you can and can't change your name to, and how to update your records once it's done.

In-Divorce vs. After-Divorce, at a Glance

The takeaway is simple: if your divorce isn't final yet, handle the name change now. It's the difference between free and a few hundred dollars.

Should You Change Your Name Back?

This is a personal call, and there's no legal pressure either way. A few things people weigh:

• Matching your kids. If you share a last name with your children, some parents keep the married name so everyone matches; others restore their name and update the kids separately (a separate process).

• Professional identity. If you've built a career, license, or reputation under your married name, switching back means updating credentials and contacts.

• A clean break. For many people, reclaiming their former name is part of moving forward, and it's free if you do it in the divorce.

• The cost of waiting. Restoring it during the divorce is free; doing it later means a separate filing and fee. If you're even leaning toward it, it's cheaper to include it now.

You can also keep your married name indefinitely, you're not required to change anything.

The Cheapest Path: Restore Your Name During the Divorce

If you're still going through your divorce, request your former name now, as part of the case. It's the cheapest route by far because it's bundled into a proceeding you're already paying for.

In practice, you check a box or write your former name on the divorce forms, and the judge includes it in the final decree. California's forms have dedicated fields for it (you note it on the FL-170 and FL-180). Texas and Maryland go further: their statutes say the court shall restore a former name when you request it. And because it's part of the divorce, there's no separate filing fee, California's self-help site notes that if you've already paid the divorce fee, you generally won't owe another one for the name change.

On most divorce forms there's a specific question or box, often phrased as "restoration of former name." Fill in the exact former name you want, spelled the way you want it on your records, and the decree will mirror it.

This is the single biggest money-saver in this whole topic. If you haven't filed yet, or your divorce isn't final, fold the name change in. LegalFriend's uncontested divorce service includes the name-restoration request, so it's handled in the same paperwork.

If Your Divorce Is Already Final

Missed the window? You have options, though they cost a bit more.

Many states offer a streamlined post-divorce restoration form:

• California: file an Ex Parte Application for Restoration of Former Name (Form FL-395).

• Maryland: file a Motion for Restoration of Former Name (Form CC-DR-097), available for up to 18 months after the decree.

• Colorado: file Form JDF 1824, which is free within 60 days of the decree, then about $105 after.

Here's how the post-divorce path compares in a few states:

The pattern: a few states make it cheap and quick if you act soon after the divorce; otherwise restoring your name later is treated like a standard adult name change, you file a new petition and pay the usual filing fee.

What If the Decree Didn't Mention Your Name?

This is the most common after-the-fact problem. If your finalized decree simply didn't address your name, you can't just start using your maiden name on legal documents, you need a court record. Depending on your state, that means either a motion to amend the decree (where allowed and within the time window) or a separate name-change petition. The motion route is usually cheaper and faster when your state offers it; otherwise, the standard petition gets you there.

You Can Only Revert, Not Rename

One important limit: the divorce process only lets you go back to a name you used before, your maiden name or a prior former name. You cannot use a divorce to take an entirely new last name you've never used. California and the New York courts both spell this out.

What counts as a name you can "go back to" is a little broader than just your maiden name. Depending on your state, you may be able to restore:

• Your birth (maiden) name.

• A prior married name you used before this marriage.

• In some states, another former surname you've legally used in the past.

What you can't do through the divorce is adopt a name you've never carried. For that, you'd file a separate court name-change petition, which LegalFriend's name change service can prepare.

Your Proof: the Decree and Certified Copies

Once the judge signs the decree with your former name restored, that decree is your legal name-change order, no separate document needed.

Request certified copies from the court clerk; agencies want the certified version, not a plain printout. Costs vary by state (California, for example, charges about $40 per certified copy). Order a few, two to five, so you have enough for every agency you'll need to notify.

Updating Your Records

The change isn't automatic; you update each agency yourself, in this order:

1. Social Security first (free). Submit Form SS-5 with your certified divorce decree and proof of identity. Other agencies check the Social Security database, so this comes first.

2. Driver's license / state ID. Bring your new Social Security card and certified decree to the DMV and pay the state's fee (Florida, for example, charges $25).

3. U.S. passport. Use Form DS-5504 (free) if your passport is under a year old, otherwise renew at the standard fee (about $130).

4. Everyone else. Work through banks and credit cards, your employer and payroll, insurance, voter registration, retirement accounts, deeds and titles, utilities, and subscriptions, each with your certified decree and new Social Security card.

Most of these are free, and the timeline is quick once you have your decree: a new Social Security card in about 5–10 business days, your license usually within two weeks, and a passport in roughly 4–6 weeks. For the complete ordered rundown, see our name change checklist.

A Realistic Timeline

If you restore your name in the divorce, here's the usual flow:

1. You check the name-restoration box when you file (or before the final hearing).

2. The judge signs the decree with your former name restored, often a few months into the case.

3. You order certified copies of the decree from the clerk.

4. You update Social Security, then your license and passport, then everyone else, over the next few weeks.

If you restore it after the divorce, add the time to file the separate request and wait for the court, often a few weeks to a couple of months, before you start the agency updates.

A Few Special Situations

• You have children. Restoring your name doesn't change your kids' names, and it doesn't affect custody or support. If you want a child's name changed too, that's a separate petition (see how to change a child's last name).

• Men restoring a name. The rules are gender-neutral; a husband can restore his birth name in a divorce just as a wife can.

• Same-sex divorce. The same restoration rules apply to either spouse.

• Non-citizens. If you're not a U.S. citizen, coordinate the name change with your immigration records (USCIS) so your documents stay consistent.

Common Mistakes

• Forgetting to ask during the divorce. The court only restores your name if you request it. Miss it, and you're looking at a separate filing later.

• Assuming the decree updates your IDs. It doesn't; you still take certified copies to each agency yourself.

• Going to the DMV before Social Security. The DMV checks the SSA database, so do Social Security first.

• Ordering one certified copy. Agencies often keep it. Order several.

Frequently Asked Questions

Do I have to change my name back after divorce? No. It's entirely optional. The court only restores your former name if you ask. If you'd rather keep your married name, you don't have to do anything.

Is it really free if I do it in the divorce? Yes. Restoring your name as part of the divorce carries no separate fee; it's bundled into the case. Doing it later means a separate filing and, usually, a fee.

Can I take a completely new last name in my divorce? No. Divorce only lets you return to a prior or maiden name. A wholly new surname requires a separate name-change petition.

Can I restore a prior married name instead of my maiden name? In many states, yes, you can go back to a former surname you actually used, not only your birth name. Check your state's rule.

What if my divorce is already final? Use your state's post-decree restoration form (like California's FL-395 or Maryland's motion, available up to 18 months out) or file a standard name-change petition with the usual fee.

Will my children's names change when I change mine? No. A parent's name change doesn't change a child's name. That requires a separate child name-change petition, usually with both parents' consent or court approval.

Does changing my name back affect my divorce settlement or custody? No. A name change is separate from property, support, and custody decisions.

Can a husband restore his birth name in a divorce? Yes. These rules are gender-neutral; either spouse can restore a former name, and the same applies to same-sex couples.

Do I need a lawyer to restore my name? Usually not. It's typically a checkbox in the divorce or a simple form afterward.

How long does it take? If it's part of the divorce, it's official when the decree is signed (often a few months after filing). If you file separately afterward, add a few weeks to a couple of months for the court to process it.

The Bottom Line

Getting your name back after divorce comes down to timing. Request it during the divorce and it's free, just a line in your decree. Wait until after, and you'll file a separate request or petition with a fee that varies by state. Either way, you can only return to a former name, and your signed decree is all the proof you need to update Social Security, your license, and the rest.

If you haven't finished your divorce yet, the simplest move is to include the name restoration from the start. See how LegalFriend can help you handle the divorce and the name change together.

This article is general legal information, not legal advice. Divorce and name-change rules vary by state and change over time; confirm the details with your local court or a licensed attorney for your situation.

Sources

This guide's procedures and figures come from official state court resources (linked inline above):

• California Courts, "Change Your Name After Divorce": the FL-170/FL-180 in-divorce path and FL-395 post-divorce form.

• New York Courts (CourtHelp), name change in marriage and divorce: revert-only rule and children's names.

• Maryland Courts, divorce and restoration of former name (Form CC-DR-097, 18-month window).

• Colorado Judicial Branch, name restoration after divorce (Form JDF 1824, fee timing).

• Florida 15th Judicial Circuit, name-change information: post-divorce petition and DMV fee.

Procedures and fees were current as of June 2026; confirm the latest with your local court.