Delaware Divorce Name Change

Changing your name back to a former or maiden name after a Delaware divorce is straightforward if you plan ahead. The easiest path is to request the name change in your divorce petition — it gets included in the Decree of Divorce at no extra cost and no separate court proceeding.

Request the Name Change in Your Petition

When you file Form 442 (Petition for Divorce/Annulment), include a request for restoration of your prior name in the relief section. The Decree of Divorce will then contain a provision restoring your former name.

This is the simplest approach because:

• No separate petition or filing fee is required
• No additional hearing is needed
• The decree itself serves as a legal name-change order
• You can use the certified decree to update all your identification documents

If You Didn't Request It in the Petition

If your divorce is already final and you didn't include a name change request, you have two options:

1. File a separate name-change petition through Delaware's Court of Common Pleas. This requires a new filing, a separate fee, a background check, and a court hearing. It's significantly more work than including it in the divorce.

2. Ask the court to amend the decree if you catch the omission quickly. This depends on the court's discretion and whether the decree has already been finalized and recorded.

The lesson: include the name change request in your original petition even if you're not sure you'll use it. Having it in the decree gives you the option without any extra cost.

Updating Your Documents After the Decree

Once you have a certified copy of the Decree of Divorce with the name restoration provision, update your identification documents in this order:

Social Security Card (Do This First)

Visit your local Social Security Administration office or apply by mail with:

• Completed Form SS-5 (Application for a Social Security Card)
• Certified copy of the divorce decree showing the name change
• Valid photo ID (current driver's license or passport)

The Social Security Administration issues a new card at no cost. This must be done before updating your driver's license because the DMV verifies your name against SSA records.

Delaware Driver's License

Visit a Delaware Division of Motor Vehicles office with:

• Certified divorce decree
• Updated Social Security card (or SSA receipt showing the name change)
• Current Delaware driver's license

A replacement license fee applies.

U.S. Passport

Submit Form DS-82 (renewal by mail) or Form DS-11 (in person at a passport acceptance facility) with:

• Certified divorce decree
• Current passport
• Passport photo
• Applicable fees

Other Updates

After the core identity documents are updated:

• Banks and financial accounts — bring the decree and new ID to each institution
• Employer and payroll — notify HR with a copy of the decree
• Insurance policies (health, auto, home) — contact each provider
• Utility accounts — update through customer service
• Voter registration — update online through Delaware's voter portal or at the DMV
• Professional licenses — contact the issuing board

Timeline and Practical Tips

The full document-update process typically takes 4–8 weeks, with the SSA card being the bottleneck (2–4 weeks processing time). Start the SSA application as soon as you receive the certified decree.

Keep multiple certified copies of the decree. You'll need to show the original to several agencies, and some institutions require their own copy for records.

Including the Name Change in Your Filing

The Delaware Divorce Filing Process Guide covers the name restoration request as part of the initial petition checklist, so you don't miss this one-time opportunity to include it at no extra cost.

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