Changing your name during a divorce in Texas is a powerful way to reclaim your identity and move forward with confidence. Fortunately, Texas law makes the name change process straightforward—if you handle it properly. In this post, we’ll guide you through how to request a name change as part of your Texas divorce, explain what steps to take afterward, and offer pro tips to avoid delays.
✅ Can I Change My Name During a Divorce in Texas?
Yes. Under Texas Family Code § 6.706, the court may restore your former name when it grants the divorce—if you request it. This name change is typically for returning to a maiden name or a prior last name (not adopting a new or unrelated name).
You must request the name change in your Original Petition for Divorce or your Answer and Counterpetition, depending on whether you are the Petitioner or Respondent.
✍️ How to Request a Name Change in a Divorce
To change your name as part of your divorce, follow these steps:
1. Include the Name Change in Your Divorce Petition or Response
- Petitioner? Add a request in your Original Petition for Divorce under a section titled:
“Request for Name Change” or “Restoration of Former Name.” - Respondent? Include the request in your Answer and Counterpetition or file a separate motion.
Use wording such as:
“Petitioner requests that upon final decree of divorce, the Court restore her name to [Full Former Name].”
2. Attend the Final Hearing or File an Agreed Decree
- If your case goes to court, inform the judge at the final hearing that you want your name changed.
- If it’s an agreed (uncontested) divorce, make sure the Final Decree of Divorce clearly states the name change and includes your full restored name.
3. Ensure the Name Change Is in the Final Decree
The Final Decree of Divorce must contain language such as:
“It is ORDERED that [Name] is restored to the use of the name [Former Full Name].”
Once the judge signs the Decree, the name change becomes legally binding.
4. Use the Decree to Update Your Identification
With a certified copy of the signed Decree, you can update:
- Social Security records
- Texas Driver License or ID
- Passport
- Bank accounts, voter registration, and employer records
📑 Documents You’ll Need
To change your name with government agencies, you’ll typically need:
- Certified copy of the Final Decree of Divorce
- Government-issued ID (e.g., driver’s license or passport)
- Completed name change forms (like Form SS-5 for Social Security)
⚠️ Common Mistakes to Avoid
- Forgetting to include the name change in your petition
If you don’t request it, the court won’t grant it. - Using a new name that isn’t your prior name
Texas only allows restoration of former names during divorce—not adopting an entirely new name. - Failing to request multiple certified copies of your decree
You’ll need copies for Social Security, DPS, your bank, etc.
🎯 Tips for a Smooth Process
- ✔ Ask for multiple certified copies of the Final Decree when it’s signed (usually around $5–$10 each).
- ✔ Update Social Security first—other agencies require this confirmation before updating their records.
- ✔ Bring ID and your certified decree when visiting DPS or other government offices.
- ✔ Double-check spelling in your Final Decree to avoid rejection from agencies.
🔁 Can I Change My Name After the Divorce is Final?
Yes. If you didn’t request a name change during the divorce, you can file a separate name change petition under Texas Family Code Chapter 45.
This process includes:
- Filing a Petition for Change of Name of an Adult
- Attending a hearing
- Paying additional filing fees
- Undergoing a background check in some cases
However, this route is more expensive and time-consuming than including the name change during your divorce.
🧠 Why Some People Choose to Restore a Former Name
- To reclaim their pre-marriage identity
- To maintain a consistent name with children (when not changing it)
- For professional or personal branding
- As part of a fresh start or emotional closure
📚 FAQs About Name Change in Texas Divorce
👩⚖️ Can I choose a completely new name?
No. Texas only allows you to restore a prior legal name during divorce—not choose a new one.
📆 Can I change my name after the divorce is finalized?
Yes, but you’ll need to file a separate name change petition, which includes additional steps and fees.
💵 Does it cost extra to change my name in the divorce?
No. If you include the request in your divorce and it’s granted, there’s no separate fee. But getting certified copies of the Final Decree may cost a small fee.
📄 What if my decree doesn’t mention the name change?
The name change isn’t legal. You’ll need to file a separate adult name change petition with the court.
🛂 How do I update my Social Security card?
Submit Form SS-5 with a certified copy of your decree and proper ID to your local SSA office or by mail.
🟢 Let Us Help You
At Ready Divorce Service, we guide clients across Texas through uncontested divorce paperwork, including restoring your name in the Final Decree. Our process is fast, affordable, and handled with care.
📲 Call us now at (800) 432-0018
🖥️ Start your divorce online today
