How to Change Your Name After Divorce in Massachusetts

Restoring your maiden name after divorce in Massachusetts depends entirely on one thing: whether the name change was included in your original divorce paperwork. If it was, the process is straightforward and free. If it wasn't, you're looking at a separate legal petition that costs $165 and requires newspaper publication.

Here's how both paths work, and what to do regardless of which one applies to you.

Path 1: Name Restoration Through the Divorce Decree

Under G.L. c. 208, § 23, the Probate and Family Court can allow you to resume your maiden name (or a former spouse's name) as part of the divorce judgment. This only works if the request was included in your original pleadings — the Joint Petition (CJD-101A) for a 1A divorce, the Complaint for Divorce (CJD-101) for a 1B divorce, or a Counterclaim (CJD-202).

If the court granted your name restoration in the judgment, your certified Certificate of Divorce Absolute is all you need to update your identity documents everywhere. There's no additional filing fee or court appearance.

This is the easier, cheaper path. If you haven't filed yet, make sure your attorney or mediator includes the name restoration request in the initial paperwork.

Path 2: The CJP 27 Standalone Petition

If the name change wasn't included in your divorce decree, the statutory mechanism under G.L. c. 208, § 23 is closed once the judgment absolute enters. You cannot go back and amend the decree.

Instead, you'll file a Petition to Change Name of Adult (Form CJP 27) under G.L. c. 210, § 12. This is a standalone legal proceeding with its own requirements:

• Filing fee: $150 plus a $15 court surcharge ($165 total)
• Citation fee: An additional $15 if the court orders publication
• Notarization: The petition must be signed before a notary public
• Publication: The name change must be published in a local newspaper unless a judge waives this for documented safety reasons (e.g., domestic violence situations)
• Supporting documents: Certified long-form birth certificate, CARI/CJP 34 warrant release, certified divorce decree copy

The CJP 27 path takes longer and costs more, but it works the same way once approved — you'll receive a court order that serves as proof for all agency updates.

The Update Sequence That Actually Works

Whether your name change came through the divorce decree or a CJP 27 petition, the agency update sequence is the same. And the order matters — state databases verify against federal records, so going out of sequence means rejected applications and repeat trips.

Step 1: Social Security Administration. File Form SS-5 at your local SSA office. Bring your certified divorce decree (or CJP 27 court order), your marriage certificate, and a current government photo ID. This update is free. Your new card arrives in 2-3 weeks.

Step 2: Wait 24-48 hours. The federal database needs time to sync. Attempting the next step before the SSA record updates will result in a mismatch and rejection.

Step 3: Massachusetts RMV. Schedule an in-person appointment at an RMV Service Center. Bring a completed driver's license application, your certified divorce decree, and your updated Social Security card. The replacement license costs $25. If you need a REAL ID, also bring documents proving lawful presence and Massachusetts residency.

Step 4: U.S. Passport. If your passport was issued more than a year ago, submit Form DS-82 (renewal) with your certified decree, current passport, and a new photo. The fee is $130. If it's been expired more than five years, you'll need Form DS-11 filed in person at an acceptance facility.

Step 5: Everything else. Once your Social Security card, driver's license, and passport reflect the new name, update your employer's HR records, bank accounts, credit cards, insurance policies, voter registration, and any professional licenses.

Common Mistakes That Cause Delays

The two most frequent problems: visiting the RMV before the SSA database has updated (automatic rejection), and trying to use a regular photocopy of the divorce decree instead of a certified copy (rejected everywhere). Order at least four certified copies from the Register of Probate using Form PFC 18 — they cost $20 each and you'll need them at multiple agencies.

Also watch the payment method for court records. The Probate Court will not accept personal checks for mail-order requests. Use a money order or cashier's check.

The Massachusetts Post-Divorce Checklist includes the full name change sequence with tracking worksheets for each agency, document requirements, and a timeline calculator so you know exactly when each step should be completed.

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