Delaware residents who want a name change after divorce have two legal paths: requesting name restoration directly in the divorce decree at no additional cost under 13 Del. C. § 1514, or filing a separate petition with the Court of Common Pleas for $85 under 10 Del. C. § 5901. The divorce decree method is faster, cheaper, and requires no newspaper publication. Approximately 85% of individuals who change their name after divorce use the divorce decree method because it eliminates the separate court filing entirely. This guide covers both paths, required documents, agency update procedures, and Delaware-specific timelines for completing your name change after divorce in Delaware.
Key Facts: Name Change After Divorce in Delaware
| Item | Details |
|---|---|
| Governing Statutes | 13 Del. C. § 1514 (divorce decree method); 10 Del. C. § 5901 (court petition method) |
| Divorce Filing Fee | $160-$175 (includes $10 court security fee) |
| Separate Name Change Filing Fee | $85 (Court of Common Pleas) |
| Newspaper Publication | Not required for divorce decree method; 3 consecutive weeks required for petition method |
| Publication Cost | $50-$100 depending on county newspaper |
| Residency Requirement | 6 months for divorce filing (13 Del. C. § 1504) |
| Certified Copies Included | 8 copies included with court order; additional copies $10 each |
| Timeline (Divorce Decree Method) | Effective immediately upon final divorce decree |
| Timeline (Petition Method) | 4-8 weeks from filing to court order |
| Courts | Delaware Family Court (divorce); Court of Common Pleas (petition) |
How Does a Name Change After Divorce Work in Delaware?
Delaware law provides two distinct methods for restoring a former or maiden name after divorce, and the method you choose determines your cost, timeline, and paperwork requirements. Under 13 Del. C. § 1514, the Family Court may order name restoration as part of the divorce decree when a party requests it by pleading or motion. This is the simplest route, costing $0 beyond the standard divorce filing fee of $160-$175. The alternative path under 10 Del. C. § 5901 requires a separate petition to the Court of Common Pleas, an $85 filing fee, and newspaper publication for 3 consecutive weeks at $50-$100.
The divorce decree method is available whether you file as the petitioner or the respondent. Delaware Family Court handles all divorce and annulment proceedings statewide, with locations in New Castle County (Wilmington), Kent County (Dover), and Sussex County (Georgetown). If your divorce is already finalized and did not include a name change provision, you must use the Court of Common Pleas petition method.
What Is the Divorce Decree Method for Name Restoration in Delaware?
The divorce decree method under 13 Del. C. § 1514 allows Delaware Family Court to restore your maiden or former name as part of the final divorce order at no additional cost. The statute states: "The Court, upon the request of a party by pleading or motion, may order that such party resume a maiden or former name." This request can be made at any point during the divorce proceeding, from the initial petition through the final hearing.
To use this method, include a name restoration request in your divorce petition or answer. If you are filing the petition for divorce, add a paragraph requesting that the court restore your former name. If you are responding to a petition filed by your spouse, include the request in your answer or file a separate motion. The court will include the name change in the final divorce decree, which then serves as your legal name change document for all government agencies, financial institutions, and other entities.
Delaware Family Court does not charge a separate fee for including name restoration in the divorce decree. The standard divorce filing fee of $160-$175 covers all relief requested in the petition, including name restoration. No newspaper publication is required for this method, saving an additional $50-$100 compared to the petition route.
What Is the Court Petition Method for Name Change After Divorce in Delaware?
The Court of Common Pleas petition method under 10 Del. C. § 5901 requires a filing fee of $85, a notarized petition, and newspaper publication for 3 consecutive weeks before the court will grant a name change order. This method is necessary when the divorce decree did not include a name restoration provision, or when someone wants to change to a name other than their maiden or former married name.
Delaware requires petitioners to publish notice of the name change in a newspaper of general circulation in the county where they reside. Publication must run once per week for 3 consecutive weeks prior to filing the petition. Publication costs range from $50 to $100 depending on the newspaper. The Newcastle Weekly in New Castle County, for example, charges approximately $75 for the required 3-week publication.
The petition must be filed in the Court of Common Pleas in the county where the petitioner resides. Delaware has three counties: New Castle County (Wilmington), Kent County (Dover), and Sussex County (Georgetown). The petition must include the petitioner's current legal name, the desired new name, and a verified statement of the reasons for the change. The court must find a reasonable basis for the request and that granting the name change is consistent with the public interest.
Upon approval, the court issues the original signed order plus 8 certified copies at no additional charge. Additional certified copies cost $10 each. Most petitioners need 3-5 certified copies beyond the initial 8 to update all government agencies and financial institutions.
What Documents Do You Need for a Name Change After Divorce in Delaware?
For the divorce decree method, you need only your certified copy of the final divorce decree that includes the name restoration order, plus a valid government-issued photo ID. For the separate petition method, Delaware requires a notarized Petition for Change of Name, proof of newspaper publication for 3 consecutive weeks, a completed Affidavit of Petitioner, a valid government-issued photo ID, and the $85 filing fee.
Here is a complete document checklist for both methods:
Divorce Decree Method:
- Certified copy of final divorce decree with name restoration language
- Current government-issued photo ID (driver license or passport)
- Social Security card (for SSA update)
- Birth certificate (for passport update)
Court Petition Method:
- Completed Petition for Change of Name (available at courts.delaware.gov)
- Notarized Affidavit of Petitioner
- Proof of newspaper publication (3 consecutive weeks)
- Current government-issued photo ID
- $85 filing fee (cash, check, or money order payable to the Court of Common Pleas)
- Criminal background check results (if requested by the court)
Delaware Court of Common Pleas forms are available for free download from the Delaware Courts website. The name change packet includes the petition form, affidavit form, and detailed filing instructions specific to each county.
What Is the Step-by-Step Process to Update Your Name With Government Agencies?
After obtaining your court order or divorce decree with name restoration, you must update your name with government agencies in a specific order, starting with the Social Security Administration and then the Delaware Division of Motor Vehicles. The SSA processes name changes at no cost within 2-4 weeks, and the Delaware DMV charges $25 for a replacement driver license.
Step 1: Social Security Administration (SSA)
- Visit your local SSA office in person with your certified divorce decree or court order and current photo ID
- Complete Form SS-5 (Application for a Social Security Card)
- There is no fee for a replacement Social Security card
- Processing time: 2-4 weeks for new card
- You will keep the same Social Security number
Step 2: Delaware Division of Motor Vehicles (DMV)
- Wait at least 72 hours after updating with SSA before visiting the DMV
- Bring your certified divorce decree or court order, current driver license, and Social Security card or proof of SSA update
- The replacement driver license fee is $25
- Delaware DMV locations: Wilmington, Dover, and Georgetown
- Processing time: New license issued same day at most locations
Step 3: U.S. Passport
- Submit Form DS-5504 (if passport is less than 1 year old) or Form DS-82 (if passport is more than 1 year old)
- Include certified copy of divorce decree or court order
- Current passport renewal fee: $130 (book) or $30 (card only)
- Processing time: 6-8 weeks standard; 2-3 weeks expedited ($60 additional)
Step 4: Financial Institutions and Other Entities
- Banks and credit unions (bring certified decree and new ID)
- Credit card companies (call customer service or visit branch)
- Insurance providers (health, auto, life, homeowners)
- Employer and HR department (payroll, benefits, retirement accounts)
- Utility companies
- Voter registration (Delaware Department of Elections)
- Professional licenses and certifications
How Long Does a Name Change After Divorce Take in Delaware?
The divorce decree method takes effect immediately upon the court issuing the final divorce decree, with no additional waiting period or processing time required. The separate Court of Common Pleas petition method takes 4-8 weeks from filing to receiving the signed court order, plus 3 weeks of newspaper publication before filing.
| Method | Pre-Filing Time | Court Processing | Total Timeline |
|---|---|---|---|
| Divorce Decree (included in divorce) | None | Effective on divorce date | Same day as divorce |
| Court Petition (post-divorce) | 3 weeks (publication) | 4-8 weeks | 7-11 weeks total |
| Agency Updates (SSA) | N/A | 2-4 weeks | After court order |
| Agency Updates (DMV) | 72 hours after SSA | Same day | 72+ hours after SSA |
| Agency Updates (Passport) | N/A | 6-8 weeks (standard) | After court order |
The total time to complete all agency name updates after receiving your court order or divorce decree is approximately 8-12 weeks. The SSA update must be completed first because the Delaware DMV requires confirmation from SSA before issuing a new driver license. Most financial institutions and employers process name changes within 5-10 business days of receiving the required documentation.
How Much Does a Name Change After Divorce Cost in Delaware?
The divorce decree method costs $0 beyond the standard divorce filing fee of $160-$175, making it the most affordable option for a name change after divorce in Delaware. The separate Court of Common Pleas petition method costs $85 for the filing fee plus $50-$100 for newspaper publication, totaling $135-$185.
| Cost Item | Divorce Decree Method | Court Petition Method |
|---|---|---|
| Court Filing Fee | $0 (included in divorce) | $85 |
| Newspaper Publication | Not required | $50-$100 |
| Notary Fee | Not required | $5-$15 |
| Certified Copies (8 included) | Included in divorce | Included in order |
| Additional Certified Copies | $10 each | $10 each |
| SSA Card Replacement | Free | Free |
| Delaware DMV License | $25 | $25 |
| U.S. Passport Update | $130 (book) | $130 (book) |
| Total Estimated Cost | $25-$155 (agency fees only) | $160-$340 (court + agency fees) |
As of March 2026. Verify current fees with your local clerk of court and the Delaware Division of Motor Vehicles.
Fee waivers are available for both methods. Delaware Family Court and the Court of Common Pleas accept applications to proceed in forma pauperis for individuals who demonstrate financial hardship. To apply, file an Affidavit in Support of Application to Proceed In Forma Pauperis with your petition. The court may also waive the newspaper publication requirement in cases of demonstrated financial need.
Can You Change to Any Name After Divorce in Delaware?
Delaware Family Court under 13 Del. C. § 1514 only permits restoration of a maiden or former name through the divorce decree method. The statute specifically limits relief to resuming a "maiden or former name," meaning you cannot adopt an entirely new name through this method. To change to a name that is not your maiden or former name, you must file a separate petition with the Court of Common Pleas under 10 Del. C. § 5901.
The Court of Common Pleas petition method allows you to request any name, provided the court finds a reasonable basis for the change and the name change is consistent with the public interest. Delaware courts may deny a name change petition if the court determines the request is intended to defraud creditors, evade law enforcement, or otherwise act in bad faith. Criminal history does not automatically disqualify a petitioner, but the court may consider it when evaluating whether the name change serves the public interest.
What Happens If Your Divorce Decree Does Not Include a Name Change?
If your divorce decree was finalized without a name restoration provision, you cannot amend the decree to add one retroactively in most circumstances. Instead, you must file a separate Petition for Change of Name with the Delaware Court of Common Pleas under 10 Del. C. § 5901, pay the $85 filing fee, and complete the 3-week newspaper publication requirement.
This situation is common among individuals who were not aware of the option to include name restoration in the divorce proceedings, or who decided after the divorce was finalized that they wanted to resume their former name. Delaware law does not impose a time limit on when you can file a name change petition after divorce. You can file 6 months, 5 years, or 20 years after your divorce was finalized.
To avoid this situation, family law attorneys in Delaware routinely advise clients to include the name restoration request in the initial divorce petition even if the client is undecided. Having the provision in the divorce decree does not obligate you to change your name. It simply preserves the option to do so at any point in the future without the additional $135-$185 cost of a separate petition.
What Special Rules Apply to Changing a Child's Name After Divorce in Delaware?
Delaware requires both parents to consent to a minor child's name change under 10 Del. C. § 5902, and the petition must be signed by at least one parent or the child's legal guardian. If the child is over age 14, the child must also sign the petition. The filing fee is $85 through the Court of Common Pleas, and newspaper publication for 3 consecutive weeks is required.
A child's name cannot be changed through the divorce decree under 13 Del. C. § 1514, which applies only to the parties to the divorce. To change a child's last name after divorce, both parents must agree, or the requesting parent must demonstrate to the court that the name change serves the child's best interest. If the non-custodial parent objects, the court will hold a hearing to evaluate the request based on factors including the child's relationship with both parents, the length of time the child has used the current name, and potential confusion or disruption to the child.
Frequently Asked Questions
Can I request a maiden name change as part of my Delaware divorce filing?
Yes. Under 13 Del. C. § 1514, Delaware Family Court may order name restoration when requested by pleading or motion during divorce proceedings. Include the request in your initial petition or answer. There is no additional filing fee beyond the standard $160-$175 divorce cost, and no newspaper publication is required.
How much does a name change after divorce cost in Delaware?
The divorce decree method costs $0 beyond the standard divorce filing fee of $160-$175. A separate Court of Common Pleas petition costs $85 in filing fees plus $50-$100 for newspaper publication. Total costs including government agency updates (DMV, passport) range from $25-$155 for the decree method and $160-$340 for the petition method.
Do I need to publish a name change notice in a Delaware newspaper?
Newspaper publication is required only for the Court of Common Pleas petition method under 10 Del. C. § 5901. You must publish notice once per week for 3 consecutive weeks prior to filing. Publication costs $50-$100 depending on your county newspaper. The divorce decree method under 13 Del. C. § 1514 does not require any newspaper publication.
How long does a name change after divorce take in Delaware?
The divorce decree method takes effect immediately when the court finalizes the divorce. The separate petition method takes 7-11 weeks total: 3 weeks for newspaper publication plus 4-8 weeks for court processing. Updating government agencies (SSA, DMV, passport) adds another 8-12 weeks after receiving your court order.
Can I change my name to something other than my maiden name after divorce?
The divorce decree method under 13 Del. C. § 1514 limits restoration to a "maiden or former name" only. To adopt an entirely new name, you must file a separate petition with the Court of Common Pleas under 10 Del. C. § 5901. The court must find a reasonable basis for the request and that the change is consistent with the public interest.
What if my divorce is already finalized and did not include a name change?
You must file a separate Petition for Change of Name with the Delaware Court of Common Pleas. The filing fee is $85, and 3 weeks of newspaper publication ($50-$100) is required before filing. There is no time limit on when you can petition after divorce. Delaware courts accept name change petitions regardless of how many years have passed since the divorce was finalized.
Do I need a lawyer for a name change after divorce in Delaware?
No attorney is required for either method. Delaware Family Court and the Court of Common Pleas both provide free downloadable forms and instructions at courts.delaware.gov. However, if your spouse contests the name restoration request during divorce proceedings, or if the Court of Common Pleas raises concerns about your petition, consulting a Delaware family law attorney is advisable.
What is the first government agency I should update after my name change?
Update the Social Security Administration first. The SSA processes name changes at no cost within 2-4 weeks. The Delaware Division of Motor Vehicles requires you to wait at least 72 hours after updating with SSA before visiting the DMV for a new driver license ($25 fee). All other agencies and institutions (banks, passport, employers) should be updated after SSA and DMV.
Can my ex-spouse prevent me from changing my name back after divorce in Delaware?
No. Under 13 Del. C. § 1514, the right to resume a maiden or former name belongs to the requesting party. A spouse cannot block or contest the other party's name restoration request during divorce proceedings. The court grants name restoration as a matter of routine when properly requested by pleading or motion.
Does Delaware have a residency requirement for a name change after divorce?
Delaware requires at least 6 months of residency before filing for divorce under 13 Del. C. § 1504. For a separate name change petition through the Court of Common Pleas, you must be a current resident of the county where you file, but there is no minimum duration requirement. Military members stationed in Delaware for 6 months also satisfy the divorce residency requirement.