For many people, reclaiming a former name after divorce can symbolize a fresh start. In Florida, you have the option to restore your previous name as part of the divorce process or later if you choose. Many ask, “Can I change my name during the divorce proceedings?” or “What if I decide to do it afterward?” Florida law allows you to restore your maiden name or a prior married name with minimal steps during divorce proceedings, but doing it afterward requires a bit more paperwork.
Here’s how to change your name after divorce in Florida, whether during your case or at a later date.
How to Change Name After Divorce in Florida?
You can restore your former name during the divorce proceedings by including a request in your petition or response. If you decide after the divorce is finalized, you’ll need to file a separate petition for a name change with the court, which may involve additional fees and fingerprinting.
Changing Your Name During the Divorce Process
If you know you want to return to your former name, requesting the change during the divorce is the easiest option. Including this request as part of your divorce petition simplifies the process and avoids the need for a separate filing after your divorce is finalized.
Steps to Change Your Name in Divorce Proceedings
- Include the Request in Your Divorce Petition: When you file your Petition for Dissolution of Marriage, include a section that specifically requests the restoration of your former name. If you are responding to a petition from your spouse, you can also make this request in your response.
- Be Specific About the Name: Clearly specify which former name you want to restore. Whether it’s your maiden name or a previous married name, the court needs to know exactly which name you want to take.
- Await the Final Judgment: At the conclusion of the divorce proceedings, if your request is included in the divorce decree, the court will grant your name change as part of the Final Judgment of Dissolution of Marriage.
- Obtain Certified Copies of the Final Judgment: After the divorce is finalized, request certified copies of your final judgment from the Clerk of Court. These copies serve as legal proof of your name change, which you’ll need for updating identification documents.
By handling your name change during the divorce, you avoid additional filings and fees. The court order itself acts as your legal document for changing your name on official records.
Changing Your Name After Divorce Is Finalized
Should I Take My Maiden Name Back? If you decide to change your name after the divorce is finalized, you’ll need to go through a separate name change process in Florida. This involves additional steps and potentially more costs, as the court treats it as a standalone request rather than part of the divorce case.
Steps to File for a Name Change Post-Divorce
- File a Petition for Name Change: Go to your local Clerk of Court and file a Petition for Change of Name (Adult). This form requires information about your identity, reasons for the name change, and details confirming that the request is not for any fraudulent purpose.
- Complete a Background Check and Fingerprinting: Florida law mandates that all adult name change applicants undergo fingerprinting and a background check, which is intended to ensure that the request is not related to criminal activity. The fingerprinting process can be done at authorized locations, and the background check results will be submitted directly to the court.
- Pay Additional Filing Fees: This separate name change petition comes with its own filing fee, which varies by county but is typically around $400. Additionally, there may be fees for fingerprinting and background checks.
- Attend a Court Hearing if Required: Some Florida counties may require a court appearance to finalize the name change. The court will review your petition, background check results, and reason for the change.
- Receive the Court Order for Name Change: If approved, the court will issue an official order granting the name change. Be sure to request certified copies, as you’ll need these to update your identification records.
This separate process can take several weeks to complete, so it’s often more efficient to request a name change during the divorce. However, if circumstances change post-divorce, this process ensures that you can still legally restore a former name.
Updating Your Identification and Records
Once you have a court order for a name change, whether through your divorce judgment or a separate name change order, you’ll need to update your identification and other official records. Here’s a list of key places to update your name:
- Social Security Administration: Visit a Social Security office with your court order to update your Social Security record. This step is essential for updating other documents like your driver’s license and passport.
- Driver’s License: Take your court order to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to update your name on your driver’s license.
- Passport: If you have a U.S. passport, submit a name change form along with your court order to update your passport. You can do this by mail if your passport was issued within the last year, or in person if it’s older.
- Bank Accounts and Creditors: Update your name on bank accounts, credit cards, and other financial accounts by providing your court order as proof of your new legal name.
- Insurance and Health Records: Notify your insurance providers, doctors, and healthcare providers to ensure that medical and insurance records reflect your updated name.
Updating these records can take time, so it’s wise to start with essential documents like your Social Security card and driver’s license, as these are often needed to make changes with other institutions.
Practical Tips for a Smooth Name Change After Divorce
- Request Multiple Certified Copies: Many agencies require certified copies of your name change order, so consider ordering a few extra from the Clerk of Court.
- Plan Ahead for Travel: If you plan to travel internationally, make sure your passport and other travel documents reflect your new name well in advance, as these changes can take weeks to process.
- Notify Important Contacts: From employers to utility providers, updating your name with key contacts will prevent issues with payments, benefits, and records.
- Create a Name Change Checklist: A personalized checklist can help you track which documents have been updated and ensure you don’t miss any essential records.
Moving Forward with Confidence
Changing your name after divorce can represent a fresh start, but it’s essential to approach the process with a clear plan. By requesting a name change during your divorce, you can simplify the paperwork and avoid additional costs. If you decide to change your name after the divorce is finalized, following these steps will help you stay organized and meet Florida’s requirements.
Whether you’re preparing for a name change or have questions about other aspects of divorce in Florida, professional guidance can make a significant difference. Reach out to Morgan Divorce Law if you need personalized support in navigating your divorce and post-divorce decisions.
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With over 20 years of experience, I am a Florida divorce attorney dedicated to representing clients throughout Central and South Florida, including Palm Beach County. I hold a Juris Doctorate from Loyola University College of Law in New Orleans and a BA in Legal Studies from the University of Central Florida. As a certified family mediator by the Florida Supreme Court and trained in collaborative law, I fiercely advocate for your rights and interests. I handle both contested and uncontested divorces, promoting mediation and collaborative methods as healthier, cost-effective solutions—especially when children are involved. My approach ensures your voice is heard and your family’s best interests are prioritized every step of the way. Liberate Yourself. We’re in your corner. Call Morgan Divorce Law 24/7 at 877.694.8360.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and the content may not reflect the most current legal developments. No attorney-client relationship is formed by reading this article or using the information provided.