Answer in Brief
Florida law provides two distinct paths for a name change after divorce. The simplest method costs $0 in additional fees: request restoration of your former name in the Petition for Dissolution of Marriage under Fla. Stat. § 61.043, and the judge includes it in the Final Judgment. If you missed that window, you must file a separate Petition for Change of Name under Fla. Stat. § 68.07, which costs approximately $400 in filing fees. Under the restoration path, Florida courts grant name changes without fingerprinting, background checks, or a separate hearing. Approximately 85% of divorce-related name changes in Florida occur through the divorce decree itself, making it the preferred route for anyone contemplating a name change after divorce in Florida.
| Key Fact | Detail |
|---|---|
| Primary Statute (Divorce) | Fla. Stat. § 61.043 — restoration of former name in dissolution proceedings |
| Primary Statute (Separate Petition) | Fla. Stat. § 68.07 — petition for change of name |
| Filing Fee (Via Divorce Decree) | $0 additional (included in dissolution filing fee of ~$409) |
| Filing Fee (Separate Petition) | ~$400 (varies by county; as of March 2026) |
| Fingerprinting Required | No — exempt when restoring a former name per Fla. Stat. § 68.07(3)(b) |
| Background Check Required | No — exempt for former name restoration |
| Waiting Period | None for restoration; separate petition hearing may be held immediately after filing |
| Residency Requirement | 6 months Florida residency for divorce filing |
| Court Forms | Form 12.982(a) (adult name change) or included in Form 12.901 (dissolution petition) |
| Required Copies | Order 2-3 certified copies of Final Judgment (~$10-$20 per copy) |
Two Legal Paths for a Name Change After Divorce in Florida
Florida recognizes two separate legal mechanisms for restoring a former name after divorce, and the path you choose determines your cost, timeline, and paperwork burden. Under Fla. Stat. § 61.043, a spouse may request restoration of a former name directly within the dissolution of marriage proceedings at no additional cost beyond the standard divorce filing fee of approximately $409. Under Fla. Stat. § 68.07, a person who did not request restoration during divorce proceedings must file a separate Petition for Change of Name with the circuit court, paying approximately $400 in filing fees. The divorce decree path requires no fingerprinting, no criminal background check, and no separate hearing. The standalone petition path exempts former name restorations from fingerprinting under Fla. Stat. § 68.07(3)(b) but involves additional paperwork and court appearances.
The critical distinction is timing. If you are currently going through a divorce or have not yet filed, requesting a name change after divorce in Florida through the dissolution petition is faster, cheaper, and simpler. If your divorce is already finalized without a name restoration order, the separate petition under Fla. Stat. § 68.07 is your only option.
Path 1: Restoring Your Former Name in the Divorce Decree
Restoring a former name through the divorce decree costs $0 in additional fees and adds zero extra court appearances to the dissolution process. Florida circuit courts include the name restoration order in the Final Judgment of Dissolution of Marriage when the petitioner makes the request in the original filing. This path is available only during active divorce proceedings and cannot be used after the judge signs the Final Judgment.
To use this path, follow these steps:
- Include the name restoration request in your Petition for Dissolution of Marriage (Florida Supreme Court Approved Family Law Form 12.901) or in your Counter-Petition if your spouse filed first
- List your full former name (first, middle, and last) in the designated section of the petition
- At the final hearing, spell your former name clearly and correctly for the court reporter and the judge
- The judge includes the name restoration in the Final Judgment of Dissolution of Marriage
- Order 2 to 3 certified copies of the Final Judgment from the Clerk of Court at approximately $10 to $20 per copy
The name restoration becomes legally effective the moment the judge signs the Final Judgment. Florida courts will only restore a former name through this process. If you want a completely new name that you have never legally held, you must file a separate petition under Fla. Stat. § 68.07.
Path 2: Filing a Separate Petition After Divorce Is Final
Filing a separate Petition for Change of Name under Fla. Stat. § 68.07 costs approximately $400 in filing fees and requires filing Florida Supreme Court Approved Family Law Form 12.982(a) with the circuit court in the county where you reside. This path is necessary when the Final Judgment of Dissolution does not include a name restoration order. The separate petition typically takes 2 to 6 weeks from filing to the court granting the order, depending on court scheduling in your county.
Florida law provides an important exemption for former name restorations: under Fla. Stat. § 68.07(3)(b), petitioners seeking to restore a former name are exempt from the fingerprinting and criminal background check requirements that apply to all other name change petitions. The Florida Department of Law Enforcement (FDLE) charges $36 for background checks and the sheriff charges $10 for electronic fingerprinting, but these costs do not apply to former name restorations.
To file a separate petition:
- Complete Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult)
- Attach a certified copy of your Final Judgment of Dissolution of Marriage
- File the petition with the Clerk of the Circuit Court in your county of residence
- Pay the filing fee of approximately $400 (as of March 2026; verify with your local clerk)
- The court may schedule a brief hearing or grant the petition without a hearing
- Under Fla. Stat. § 68.07, the hearing on a petition for restoring a former name may be held immediately after it is filed
- Receive the court order granting the name change
- Order certified copies of the name change order
If you cannot afford the filing fee, Florida courts allow you to apply for a fee waiver by filing an Application for Determination of Civil Indigent Status.
Cost Comparison: Divorce Decree vs. Separate Petition
The total cost difference between the two paths ranges from approximately $400 to $500, making the divorce decree path significantly more economical for anyone who has the opportunity to use it.
| Cost Item | Via Divorce Decree | Via Separate Petition |
|---|---|---|
| Court filing fee | $0 additional | ~$400 |
| Fingerprinting (FDLE) | Not required | Not required (former name exempt) |
| Background check | Not required | Not required (former name exempt) |
| Certified copies of order | $10-$20 per copy | $10-$20 per copy |
| Attorney fees (optional) | $0-$200 | $200-$500 |
| Total estimated cost | $10-$60 | $410-$940 |
| Typical timeline | Same day as divorce finalization | 2-6 weeks |
As of March 2026. Filing fees vary by county. Verify with your local Clerk of the Circuit Court.
Step-by-Step: Updating Your Legal Documents After the Name Change
Once you have your certified Final Judgment of Dissolution (or separate name change order), you must update your name across all government agencies and financial institutions in a specific order. Florida law requires you to update your driver license within 10 days of the name change under Florida Department of Highway Safety and Motor Vehicles (FLHSMV) regulations. The entire document update process typically takes 4 to 6 weeks to complete.
Step 1: Social Security Administration (Do This First)
The Social Security Administration (SSA) must be updated before any other agency because the FLHSMV verifies your name against SSA records. Complete Form SS-5 (Application for a Social Security Card) and submit it with your certified divorce decree or name change order and a valid government-issued photo ID. You can start your application online at ssa.gov, apply in person at a local Social Security office, or mail the application. Processing takes 5 to 10 business days, and a new Social Security card is mailed at no charge. Wait 24 to 48 hours after SSA processes the change before visiting the FLHSMV.
Step 2: Florida Driver License or ID Card (Within 10 Days)
Visit any Florida Division of Driver Licenses office in person with your certified divorce decree or name change order, your current Florida driver license, and your Social Security card or proof of Social Security number. Florida does not allow driver license name changes online, by mail, or by phone. The replacement license fee is approximately $25. The FLHSMV will issue a temporary license at the office, and your permanent card arrives by mail within 7 to 10 business days.
Step 3: U.S. Passport
Submit Form DS-5504 (if your passport was issued within the past year) or Form DS-82 (for renewal by mail) to the U.S. Department of State, along with your certified divorce decree, your current passport, and an updated photo. The standard processing fee is $130 for a passport book renewal, with processing times of 6 to 8 weeks for routine service or 2 to 3 weeks for expedited service at an additional $60.
Step 4: Financial Institutions and Remaining Records
Update the following with your certified divorce decree or name change order and your new driver license:
- Bank accounts and credit cards
- Mortgage company or landlord
- Employer and payroll department
- Health insurance and benefits providers
- Vehicle title and registration (visit your county Tax Collector office)
- Voter registration (update through your county Supervisor of Elections or online at registertovoteflorida.gov)
- Utility companies
- Professional licenses (contact the Florida Department of Business and Professional Regulation)
- IRS (file your next tax return using your new name; the IRS updates records automatically when it matches with SSA)
Florida-Specific Rules and Restrictions
Florida courts impose several restrictions on name changes after divorce that distinguish the process from general name change petitions. Understanding these restrictions prevents wasted filing fees and rejected petitions.
Florida courts will only restore a former legal name through the divorce decree process. A former legal name means a name you previously held legally, whether a maiden name, a name from a prior marriage, or any other legally recognized name. Florida courts will not grant a completely new name through the dissolution proceedings. If you want a name you have never legally held, you must file a separate petition under Fla. Stat. § 68.07 and meet all standard requirements including fingerprinting and background checks.
A name change after divorce in Florida does not automatically change your children's surnames. Changing a minor child's name requires a separate petition under Fla. Stat. § 68.07, and both parents must consent or the non-consenting parent must receive proper notice. Florida courts evaluate the best interests of the child before granting a minor's name change, applying the factors listed in Fla. Stat. § 61.13.
Florida law does not impose a deadline for requesting a name change after divorce. You may file a separate petition under Fla. Stat. § 68.07 at any time after the divorce is finalized, whether 6 months or 20 years later.
Common Mistakes That Delay the Process
The name change after divorce process in Florida is straightforward, but common errors add weeks or months of delay. The most frequent mistake is failing to request the name change in the original Petition for Dissolution, which forces the more expensive separate petition route at approximately $400 in additional filing fees.
- Failing to include the name restoration request in the dissolution petition or counter-petition, which means the judge lacks authority to order the change
- Listing an incorrect former name (misspelling or wrong middle name) in the petition, requiring an amended filing
- Attempting to update the Florida driver license before updating Social Security, which triggers a verification mismatch and rejection at the FLHSMV office
- Using a photocopy of the divorce decree instead of a certified copy, which government agencies and financial institutions will not accept
- Not ordering enough certified copies of the Final Judgment (order at least 3 copies at $10-$20 each)
- Attempting to change to a completely new name through the divorce decree, which Florida courts do not permit
- Filing the separate petition in the wrong county (must be filed in your county of residence)
Special Circumstances
Restoring a Name From a Prior Marriage
Florida courts can restore any former legal name, not only your birth name. If you were married twice and want to return to the surname from your first marriage, you may request that specific name in the dissolution petition or separate petition. The court requires documentation proving you legally held that name.
Name Change When the Divorce Was Filed in Another State
If your divorce was finalized in another state but you now reside in Florida, you may file a Petition for Change of Name under Fla. Stat. § 68.07 in Florida as long as you meet the residency requirements. You must provide a certified copy of the out-of-state divorce decree with your petition. Florida's 6-month residency requirement applies to filing for divorce in Florida, but there is no separate residency requirement for a standalone name change petition.
Fee Waiver for Low-Income Petitioners
Florida allows petitioners who cannot afford the approximately $400 filing fee to apply for indigent status. File the Application for Determination of Civil Indigent Status with the Clerk of the Circuit Court. If approved, the court waives filing fees and certain costs. Eligibility is based on household income at or below 200% of the federal poverty level, which is $31,200 for an individual or $42,400 for a household of two in 2026.
Frequently Asked Questions
Can I change my name to something other than my maiden name through my divorce?
Florida courts will only restore a former legal name through the divorce decree process under Fla. Stat. § 61.043. A former legal name includes your maiden name, a name from a prior marriage, or any other name you have previously held legally. If you want a completely new name you have never held, you must file a separate Petition for Change of Name under Fla. Stat. § 68.07, pay the ~$400 filing fee, and complete fingerprinting and a criminal background check.
How much does a name change after divorce cost in Florida?
A name change included in the divorce decree costs $0 in additional fees beyond the standard dissolution filing fee of approximately $409. A separate Petition for Change of Name filed after the divorce is finalized costs approximately $400 in court filing fees, which varies by county. Certified copies of the court order cost $10-$20 each, and you should order at least 2 to 3 copies. As of March 2026. Verify current fees with your local Clerk of the Circuit Court.
Do I need a lawyer to change my name after divorce in Florida?
Florida does not require an attorney for a name change after divorce. The Florida Supreme Court provides approved self-help forms, including Form 12.982(a) for adult name changes and Form 12.901 for dissolution of marriage petitions that include a name restoration request. Approximately 60% of family law cases in Florida are filed without attorney representation. However, an attorney can help ensure proper completion of forms and avoid filing errors that cause delays.
How long does it take to change your name after divorce in Florida?
A name change included in the divorce decree takes effect immediately when the judge signs the Final Judgment. A separate petition under Fla. Stat. § 68.07 typically takes 2 to 6 weeks from filing to the court granting the order. Under Fla. Stat. § 68.07, the hearing on a petition for restoring a former name may be held immediately after filing. Updating all documents (Social Security, driver license, passport) adds another 4 to 6 weeks.
Is there a deadline to change my name after divorce in Florida?
Florida law imposes no deadline for requesting a name change after divorce. You may file a separate Petition for Change of Name under Fla. Stat. § 68.07 at any time after the divorce is finalized, whether 1 year or 20 years later. The only time-sensitive window is during the divorce proceedings themselves, when including the request in the dissolution petition costs $0 in additional fees and avoids a separate filing.
Do I need fingerprinting or a background check for a divorce name change in Florida?
No. Florida Statute § 68.07(3)(b) explicitly exempts petitioners who are restoring a former name from the fingerprinting and criminal background check requirements. This exemption applies both when the name change is included in the divorce decree and when filed as a separate petition for former name restoration. Only petitioners seeking a completely new name (not a former name) must complete FDLE fingerprinting ($36) and a sheriff's electronic fingerprinting fee ($10).
Will changing my name after divorce affect my children's last name?
Changing your name after divorce in Florida does not automatically change your children's surnames. A child's name change requires a separate petition under Fla. Stat. § 68.07, and both parents must consent. If one parent objects, the court evaluates the best interests of the child under the factors in Fla. Stat. § 61.13. The filing fee for a minor's name change is approximately $400, and both parents must appear at the hearing unless one parent's rights have been terminated.
Can I change my name if my divorce was finalized in another state?
Yes. If your divorce was finalized in another state but you currently reside in Florida, you may file a Petition for Change of Name under Fla. Stat. § 68.07 in the Florida circuit court in your county of residence. Bring a certified copy of your out-of-state divorce decree. There is no separate Florida residency requirement for a standalone name change petition, unlike the 6-month residency requirement for filing a dissolution of marriage in Florida.
What documents do I need to update after changing my name?
After a name change after divorce in Florida, you must update your Social Security card first (Form SS-5, free, 5-10 business days processing), then your Florida driver license within 10 days at a FLHSMV office (~$25 replacement fee), your U.S. passport ($130 renewal fee, 6-8 weeks standard processing), bank accounts, credit cards, employer records, health insurance, vehicle registration, voter registration, and professional licenses. Order at least 3 certified copies of your Final Judgment or name change order at $10-$20 each to present to these agencies.
Can my ex-spouse prevent me from changing my name back to my maiden name?
No. Under Florida law, a spouse has the absolute right to restore a former name, and the other spouse cannot object to or prevent the restoration. When the name change is requested in the dissolution petition, the court grants it as a matter of course in the Final Judgment. When filed as a separate petition under Fla. Stat. § 68.07, the former spouse is not a party to the proceeding and has no standing to object. Florida courts routinely grant former name restorations without opposition.