How to Change Your Name After Divorce in New York

Changing your name after a divorce in New York is straightforward — if you build it into your divorce from the start. Trying to change it after the Judgment of Divorce is already signed adds cost, paperwork, and months of delay. Here's how both paths work.

Option 1: Include the Name Change in Your Divorce

The easiest approach is requesting the name restoration as part of your divorce action. Under DRL 240a, either party has the right to resume using a prior surname as part of the Judgment of Divorce. This doesn't require a separate petition, a court hearing, or additional filing fees.

To use this path:

1. Request the name change on your initial Summons. When you file your Summons with Notice (Form UD-1) or Summons and Verified Complaint, include "restoration of maiden name" or "restoration of prior surname" in the list of relief you're seeking.

2. Include it in the Plaintiff's Affidavit (Form UD-6). State the name you want to resume using.

3. Include it in the proposed Judgment of Divorce (Form UD-11). The judgment will include a provision authorizing you to resume using your prior surname.

4. Get certified copies. Once the judge signs the judgment and it's filed with the County Clerk, order certified copies ($8 each). These certified copies serve as your legal proof of name change for every agency and institution.

If you're the defendant and want the name change, you can request it through the Affidavit of Defendant (Form UD-7) or through a counter-request in the proceedings.

Option 2: Separate Name Change Petition After Divorce

If you didn't include the name change in your divorce — or if you want to change to a name other than your birth or maiden name — you'll need to file a separate petition under Civil Rights Law Article 6.

This requires:

• Filing a Name Change Petition in the Supreme Court or Civil Court of the county where you live
• Paying a separate filing fee (varies by county, typically $65 for Civil Court)
• Publishing the name change order in a designated newspaper (unless the court waives publication)
• Appearing for a court hearing (in some counties, this is waived for divorce-related name changes)

The separate petition route takes several weeks to several months and costs more than building it into the divorce. It's worth doing it right the first time.

Updating Your Records

Once you have the certified Judgment of Divorce showing your name change (or a separate court order), you'll need to update your records with each agency individually. The order of operations matters because some agencies require documentation from others:

Social Security Administration — Do this first. You'll need your certified Judgment of Divorce (or name change order), a completed Form SS-5 (Application for a Social Security Card), and proof of identity (current driver's license or passport). Visit your local SSA office in person. The new card arrives by mail in two to four weeks.

DMV / Driver's License — After you have your new Social Security card confirmation, visit the New York DMV with your certified judgment, current license, and Social Security card. You'll receive an updated license.

Passport — Submit Form DS-5504 (if your current passport was issued within the past year) or Form DS-82 (if issued more than a year ago). Include your certified judgment and current passport.

Banks and Financial Institutions — Each bank has its own process, but all will require the certified judgment. Update checking, savings, credit cards, loans, and investment accounts.

Employer and Payroll — Provide HR with a copy of the certified judgment and your new Social Security card to update payroll, benefits, and tax withholding records.

Insurance — Update health, auto, life, and homeowner's insurance policies. For health insurance through an employer, this goes through HR.

What the Name Change Does Not Do

The name change provision in a divorce judgment restores a prior surname. It doesn't create a new identity or erase existing records. Your credit history, tax records, and legal obligations follow you regardless of name. Court records will show both names. Any debts or contracts under your married name remain enforceable.

The New York Divorce Filing Process Guide includes a name change request template and a post-divorce record update checklist with the specific documents each agency requires.

See more New York guides →