Name Change After Divorce in Florida

Name Change After Divorce in Florida

Restoring your former name during a Florida divorce is straightforward if you request it at the right time. Doing it after the divorce is finalized is significantly more complicated and expensive. Here is how the process works both ways.

Requesting a Name Change in Your Divorce

The easiest way to change your name is to include the request in your Petition for Dissolution of Marriage before or during the case. You can request restoration of your former legal name (maiden name or any prior legal name) directly in the petition. The judge will include the name change order in the Final Judgment of Dissolution — no separate petition or hearing required.

This costs nothing beyond your regular filing fee. There is no additional charge, no extra paperwork, and no second court appearance.

If you did not include the request in your original petition, you can amend it before the final hearing to add the name change. The timing matters — the judge can only include it in the final judgment if the request is part of the case before it closes.

Updating Your Records After the Judge Signs

Once the name change is in your final judgment, you need a certified copy of the decree to update your records. Do this in a specific order to avoid complications:

1. Social Security Administration. Apply for an updated Social Security card with Form SS-5 at your local SSA office. Bring your certified divorce decree and a valid photo ID. This is free and typically takes two to four weeks.

2. Florida DMV (DHSMV). Visit a driver license office with your certified divorce decree and current license. You will receive a new license with your restored name. Fee varies but is typically under $25.

3. Passport. Submit a passport name change application (Form DS-5504 if within one year of issuance, or DS-82 for a standard renewal). Include a certified copy of your decree. Processing takes four to six weeks for standard service.

4. Financial institutions. Banks, credit card companies, and investment accounts require a certified copy of the decree or the new Social Security card to update account names.

5. Other records. Employer payroll, insurance policies, professional licenses, voter registration, vehicle titles, and property deeds.

If You Missed the Divorce Window

If your final judgment has already been entered without a name change order, you need to file a separate Petition for Change of Name under Florida Statute Chapter 68. This requires:

• A new petition filed with the circuit court
• A filing fee (typically $400 or more)
• A background check (fingerprinting)
• A court hearing where you appear before a judge
• Publication of a legal notice in a local newspaper

This separate process costs significantly more and takes several weeks longer than simply including the request in your divorce petition.

Planning Ahead

The name change is easy to overlook when you are focused on property division and custody. The Florida Divorce Filing Process Guide includes a pre-filing checklist that prompts you to decide on the name change before submitting your petition, so you do not end up needing the more expensive standalone process later.

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