Choosing a New Name After Divorce
The divorce decree can give you back a name you've had before. It can't, in most states, give you a name you've never had — that's an ordinary adult name-change petition, filed after the divorce or alongside it.
What the decree can and can't do
Restoration clauses restore a former name: your birth name or a name from an earlier marriage. Some judges will write any requested name into the decree if asked before it's signed, and a few states' family courts allow it explicitly — worth asking your attorney or the self-help center while the case is open. Once the decree is final, a new name means a separate petition.
The petition
It's the standard adult name change: file in your county, pay the fee (≈ $100–$450 by state), publish a notice where required, pass any background check, get the signed order. Our court guides cover Florida, Michigan, Indiana, Tennessee, Oklahoma and Nevada; the cost table has every state. Fee waivers exist if money is tight.
Then the same sequence
Certified copies of the order, Social Security, wait, license, passport, then employer, banks and the rest. Keep the decree and the order together; REAL ID offices will want both to trace the chain.
Skip the forms — get them filled in 10 minutes
The Name Change Plan Packet (free — your email is the only thing we ask for) asks you the questions once, then generates your completed official forms — SS-5, the right passport form — plus notification letters for your banks and employer, and your state's exact instructions. Built entirely in your browser: your details never touch our servers.
Get the free packet →Common questions
Can the divorce decree give me a completely new name?
Usually only a former name. Ask before the decree is signed — some judges will include any name — otherwise it's a separate petition.
How much does a new name cost after divorce?
The court filing fee, ≈ $100–$450 depending on state, plus publication in states that require it. Restoring a former name via the decree costs nothing extra.
Can I do the petition without a lawyer?
Yes; the forms are designed for self-filing. A lawyer helps if you have a criminal record or the change is contested.
Can I change the children's names too?
That's a separate process needing the other parent's consent or a court order, and courts weigh the child's interests, not the parents' preference.