Name Change After Divorce in Hawaii

Changing your name after a divorce in Hawaii is straightforward if you plan for it during the filing process. The easiest path is including the name restoration in your divorce decree — after the judge signs it, the decree serves as your legal name change document. If your decree did not include a name change, you can still petition separately, but it costs more and takes longer.

Including the Name Change in Your Divorce Decree

The simplest approach is requesting name restoration in your original Complaint for Divorce or in the proposed Divorce Decree. When drafting your final decree packet, include a provision that restores your former legal name.

Once the judge signs the decree with this provision, it has the same legal effect as a separate name change court order. You can immediately use the certified divorce decree to update your name across all documents and accounts.

This costs nothing extra beyond the standard divorce filing fee ($215 or $265).

Updating Your Documents After the Decree

With a certified copy of your signed divorce decree showing the name change provision, update your identity documents in this order:

Social Security Administration — File Form SS-5 with your certified divorce decree at your local SSA office. Your new Social Security card arrives by mail within two to four weeks. Do this first because most other agencies require your updated SSA record.

Hawaii Department of Health (DOH) — If you want to amend your Hawaii birth certificate (if born in Hawaii), contact the DOH Vital Records office. For marriage certificates, the divorce decree itself supersedes the marriage record.

Hawaii Driver's License — Visit a county driver licensing office with your certified divorce decree and updated Social Security card. Honolulu County handles this through the City and County of Honolulu satellite city halls.

U.S. Passport — Submit Form DS-5504 (within one year of passport issuance) or DS-82 (for older passports) with your certified divorce decree to the U.S. State Department.

Banks, credit cards, and financial accounts — Each institution has its own process, but all accept a certified divorce decree as proof of legal name change.

Employer and payroll — Update your W-4 and payroll records with HR.

If Your Decree Did Not Include a Name Change

If your divorce is already finalized and the decree does not mention name restoration, you will need to file a separate Petition for Change of Name through the Hawaii Circuit Court. This is a standalone proceeding under HRS § 574-5 that requires:

• Filing a petition with the circuit court ($100 filing fee plus surcharges)
• Publishing a notice of the name change in a local newspaper for three consecutive weeks
• Attending a hearing where the judge reviews and approves the change

Publication costs vary — typically $50 to $150 depending on the newspaper and circuit. The entire process takes four to eight weeks from filing.

This is significantly more expensive and time-consuming than including the name change in the divorce decree. If you are still in the filing process, include the name restoration provision before submitting your final packet.

Name Change for Children

Changing a minor child's last name after divorce requires a separate court petition and typically needs both parents' consent or a judicial finding that the change serves the child's best interest. A divorce decree can include provisions about a child's name, but courts closely scrutinize these requests and will not approve them without evidence that the change benefits the child.

Planning Ahead

The key takeaway: include the name change in your divorce filings, not after. Adding a single line to the proposed Divorce Decree saves the $100+ filing fee, newspaper publication costs, and weeks of processing time that a standalone petition requires.

The Hawaii Divorce Filing Process Guide covers how to include name restoration language in your decree and walks through the complete post-decree document update sequence.

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