Georgia gives you three ways to reclaim your maiden or prior name after divorce. The simplest costs nothing: request it in your divorce pleadings and the judge restores it in the final decree under O.C.G.A. § 19-5-16. A 2024 amendment now also lets you file a no-publication post-divorce motion at any time, even if you forgot to ask during the divorce.
| Factor | Georgia Rule (2026) |
|---|---|
| Governing statute | O.C.G.A. § 19-5-16 (divorce-related); § 19-12-1 (general petition) |
| Cost to restore in the decree | $0 — included in the divorce |
| Post-divorce motion | No newspaper publication; often decided without a hearing |
| Certified decree copy | About $2.50–$3.00 per page from the Clerk of Superior Court |
| First agency to update | Social Security Administration |
Can You Restore Your Maiden Name in a Georgia Divorce?
Yes. Georgia law expressly allows a divorcing spouse to reclaim a maiden or prior name, and the process is far simpler than a general legal name change. Under O.C.G.A. § 19-5-16, a party to a divorce may request restoration of a maiden or prior name in their pleadings, and the final judgment and decree must then specify and restore that name.
There is no separate court case, no publication in a newspaper, and no extra filing fee when you handle it inside the divorce. The restored name becomes effective the moment the judge signs the final decree, and the decree itself serves as your legal proof of the change.
Georgia limits this streamlined path to restoring a name you previously held — typically your birth or maiden surname, or a surname from an earlier marriage. If you want an entirely new name unrelated to a prior one, you fall outside § 19-5-16 and must use the general name-change petition under O.C.G.A. § 19-12-1 instead.
The Three Legal Methods to Change Your Name
Georgia offers three distinct routes, and the right one depends on where you are in the divorce process and what name you want.
| Method | Statute | When to use it | Cost | Publication required? |
|---|---|---|---|---|
| Request in divorce pleadings | O.C.G.A. § 19-5-16 | Divorce is still pending | $0 (part of decree) | No |
| Post-divorce motion | O.C.G.A. § 19-5-16(b) | Divorce already final | Small county motion fee | No |
| General name-change petition | O.C.G.A. § 19-12-1 | Any name, unrelated to divorce | About $200–$290 total | Yes |
The first two methods restore a prior name tied to the divorce and are fast and inexpensive. The third is a broader civil action for any name change and carries publication, a hearing, and higher costs. Most divorcing Georgians use one of the first two.
Method 1: Request Restoration in Your Divorce Pleadings
The cleanest approach is to ask for your maiden or prior name in the divorce paperwork itself. A party can pray for restoration of a prior name in the Complaint for Divorce, or in an Answer and Counterclaim if you are the responding spouse. When the divorce is granted, the final decree specifies and restores the requested name automatically.
This method costs nothing beyond the divorce you are already filing, and it produces the strongest single document — a certified final decree that both dissolves the marriage and restores your name. Agencies like the Social Security Administration and the Georgia Department of Driver Services accept that decree as proof.
The only limitation is timing. Once the decree is entered without a name-restoration request, this route closes, and you move to Method 2. For that reason, decide on your name before the decree is finalized whenever possible, and confirm the restored name is spelled correctly in the draft decree before the judge signs it.
Method 2: File a Post-Divorce Motion Under O.C.G.A. § 19-5-16
If your divorce is already final and you did not request your name back, a 2024 amendment made recovery easy. For motions filed on or after May 1, 2024, O.C.G.A. § 19-5-16(b) lets a former spouse file a motion at any time after the divorce to restore the given surname shown on their birth certificate — even though restoration was not requested in the original pleadings.
Two features make this route painless. First, no publication in a legal organ is required, so you avoid the newspaper notice that general name changes demand. Second, the court may issue the restoration order in chambers, with or without a hearing, meaning many petitioners never appear in court.
You file the motion in the Superior Court that granted your divorce. The filing fee is a modest county motion fee that varies by county, so confirm the current amount with the Clerk of Superior Court where your divorce was entered. Because the statute restores the surname shown on your birth certificate, this method fits people returning to a birth name rather than adopting a wholly new one.
Method 3: General Name-Change Petition Under O.C.G.A. § 19-12-1
If you want a name that is not a prior or birth name — a brand-new surname, or a change unrelated to the divorce — you must use the general petition under O.C.G.A. § 19-12-1. This is a full civil action and is noticeably more involved than the divorce-based methods.
The general petition requires three things the streamlined methods do not: a petition filed in Superior Court, published notice in the county's legal newspaper (typically once a week for four weeks), and, in many counties, a court hearing. The entire process usually takes about five to seven weeks from filing to final order, and total costs commonly land between $200 and $290 once the filing fee and publication charges are combined.
Because of the added cost, time, and publication requirement, most people leaving a marriage use § 19-5-16 rather than § 19-12-1. Reserve the general petition for situations the divorce statute cannot reach.
Getting a Certified Copy of Your Decree
Whichever divorce-based method you use, you need a certified copy of the order to update your records. The date-stamped copy you receive at the courthouse is not enough — the Social Security Administration, the Department of Driver Services, and banks all require a certified copy bearing the clerk's seal.
You obtain certified copies from the Clerk of Superior Court in the county where your divorce was granted. Certified copies typically cost about $2.50 to $3.00 per page, so a short decree costs only a few dollars. Order at least two or three certified copies at once, because several agencies will want to see the original certified document and processing them sequentially with a single copy slows everything down.
Updating Your Records in the Right Order
The sequence matters. Agencies verify your identity against Social Security records, so a mismatch there creates roadblocks everywhere else. Follow this order.
- Social Security Administration first. Complete Form SS-5 and submit it with your certified decree and a government-issued ID. The SSA charges no fee, and a new card typically arrives within 10 to 14 business days. Most offices now require an appointment, so call 1-800-772-1213 early, as scheduling can take 30 or more days.
- Georgia driver's license within 60 days. Georgia requires you to update your license within 60 days of a name change. Visit a Department of Driver Services Customer Service Center in person with your certified decree, your Social Security card showing the new name, your current license, and two proofs of Georgia residency. The replacement fee is about $32, though the first change can be free if it falls within 150 days of your license expiration.
- Vehicle title and registration. Update these only after your license is changed. A title update costs about $18, plus a $10 penalty if filed more than 30 days after the change.
- U.S. passport. File Form DS-82 to update a passport; the renewal fee is about $130.
- Professional licenses. Notify any Georgia licensing board in writing, usually within 30 days, with a certified copy of your decree.
- Voter registration and private accounts. Update voter registration through the Secretary of State's My Voter Page, then banks, credit cards, insurers, employer payroll, and your mortgage lender.
What It Costs and How Long It Takes
For most people restoring a prior name, the total out-of-pocket cost is low. Requesting the change in your divorce pleadings is free, and the certified decree copies plus a driver's license replacement usually bring the whole project to somewhere around $50 to $150.
Timing depends on the method. A name restored inside the divorce is effective the day the decree is signed. A post-divorce § 19-5-16 motion can be granted in chambers within days to a few weeks, with no publication delay. A general § 19-12-1 petition takes roughly five to seven weeks because of the four-week publication requirement. After the legal change, budget an additional two to four weeks to cycle through the SSA, DDS, and other agencies.
This guide is general legal information, not legal advice. Name-change procedures and county filing fees change, so confirm current requirements with the Clerk of Superior Court in your county or a licensed Georgia attorney before filing.