Authored by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Illinois divorce law
Illinois makes name change after divorce straightforward when planned in advance. Under 750 ILCS 5/413, any spouse whose name changed by marriage may request restoration of a prior legal name directly in the divorce decree at no additional cost. The court must grant this request. If you missed that window, a standalone petition under the Illinois Name Change Act (735 ILCS 5/21-101) costs $250 to $350 in filing fees plus $50 to $200 for newspaper publication, and takes 6 to 12 weeks. Either path leads to the same result: a court order you can use to update your Social Security card, Illinois driver's license, passport, and all other records.
| Key Fact | Detail |
|---|---|
| Governing Statute (in divorce) | 750 ILCS 5/413 |
| Governing Statute (standalone) | 735 ILCS 5/21-101 |
| Divorce Filing Fee | $250 to $388 depending on county |
| Standalone Name Change Filing Fee | $250 to $350 plus $50 to $200 publication costs |
| Additional Cost in Divorce Decree | $0 (included in divorce filing) |
| Residency Requirement (divorce) | 90 days in Illinois |
| Residency Requirement (standalone) | 6 months in the county |
| Waiting Period | None for in-divorce restoration; 6 to 12 weeks for standalone |
| Grounds for Divorce | Irreconcilable differences (no-fault only since 2016) |
| Property Division | Equitable distribution under 750 ILCS 5/503 |
How Does Name Change After Divorce Work in Illinois?
Illinois provides two legal paths for a name change after divorce: restoration through the divorce decree under 750 ILCS 5/413 at no extra cost, or a standalone court petition under 735 ILCS 5/21-101 for $250 to $350 plus publication fees. The divorce-decree path is faster, cheaper, and guaranteed by statute because the court must grant the request when a spouse asks to restore a prior legal name.
The critical distinction between these two paths centers on timing and scope. If you are currently going through a divorce or have not yet filed, requesting name restoration in the dissolution judgment is the optimal choice. The word "shall" in 750 ILCS 5/413 means the judge has no discretion to deny the request, making approval automatic. This path requires no separate filing fee, no newspaper publication, and no additional court hearing. The name change takes effect immediately when the judge signs the dissolution judgment.
If your divorce is already finalized and the judgment did not include a name restoration provision, you must file a standalone petition. This process requires 6 months of county residency, a filing fee of $250 to $350, three consecutive weeks of newspaper publication costing $50 to $200, and a separate court hearing typically scheduled 6 to 8 weeks after filing. The standalone path also gives the court discretion to deny the petition, though denials are rare when the request is made in good faith.
What Names Can You Restore in an Illinois Divorce?
Under 750 ILCS 5/413, Illinois courts restore only prior legal names, meaning your maiden name or a name from a previous marriage, at no additional cost during divorce proceedings. To adopt an entirely new name that you have never legally held, you must file a separate petition under 735 ILCS 5/21-101.
This limitation is important to understand before your divorce is finalized. If Jane Smith married John Doe and wants to return to "Jane Smith," the divorce decree handles this automatically. If Jane was previously "Jane Johnson" from an earlier marriage, she can restore that name instead. However, if Jane wants to become "Jane Newname," a name she has never legally used, the divorce proceeding cannot accommodate that request. She would need a standalone name change petition after the divorce, adding $300 to $550 in costs and 6 to 12 weeks of processing time.
Children's names cannot be changed through the divorce proceeding under any circumstances. Changing a child's surname requires a separate petition under the Illinois Name Change Act, and both parents must receive notice. Courts evaluate the child's best interest before approving any minor's name change, and the noncustodial parent can object.
How to Request Name Restoration in Your Illinois Divorce Decree
Requesting name restoration during Illinois divorce proceedings costs $0 beyond the standard divorce filing fee of $250 to $388 and takes effect immediately upon entry of the dissolution judgment under 750 ILCS 5/413. This is the fastest, cheapest, and most reliable method for a name change after divorce in Illinois.
Follow these steps to include name restoration in your divorce:
- State your name restoration request in the Petition for Dissolution of Marriage when you file, or in your Response to the Petition if your spouse filed first
- Confirm the request with your attorney or include it in your proposed Marital Settlement Agreement
- At the prove-up hearing, confirm on the record that you wish to restore your prior legal name
- Verify that the final Judgment for Dissolution of Marriage contains language such as "The former name of [Prior Name] is hereby restored to Petitioner/Respondent"
- Order 3 to 5 certified copies of the judgment from the circuit clerk at $6 to $12 per copy depending on the county
- Use the certified judgment to update your identification documents in the order described below
The divorce filing fee varies by county. Cook County charges $388 for the petitioner and $271 for the respondent. DuPage, Lake, and Will Counties charge approximately $334 for filing and $209 for appearance. Smaller downstate counties generally range from $250 to $340. As of March 2026. Verify with your local clerk.
How to File a Standalone Name Change Petition in Illinois
A standalone name change petition in Illinois requires 6 months of county residency, $250 to $350 in filing fees, $50 to $200 in newspaper publication costs, and 6 to 12 weeks of processing time under 735 ILCS 5/21-101. This path is necessary only if you did not request restoration during divorce or want a name you never previously held.
The standalone process involves these steps:
- Confirm you have resided in the county where you will file for at least 6 months, as required by 735 ILCS 5/21-101
- File a Petition for Change of Name in the circuit court of your county of residence, paying the filing fee of $250 to $350
- Include in the petition your current legal name, the name you seek, the reason for the change, and disclosures about criminal history as required by 735 ILCS 5/21-102
- Arrange publication of the petition in a newspaper of general circulation in your county once per week for 3 consecutive weeks as required by 735 ILCS 5/21-103, at a cost of $50 to $200
- Attend the court hearing, typically scheduled 6 to 8 weeks after filing
- If the court is satisfied the change is not for fraudulent or illegal purposes, the judge enters an Order for Name Change under 735 ILCS 5/21-104
- Order 3 to 5 certified copies of the name change order
Fee waivers are available for individuals at or below 200% of the federal poverty level under 735 ILCS 5/5-105. Public Act 103-0580 (effective 2024) expanded eligibility for these waivers. Most Illinois counties now require electronic filing through the Odyssey eFileIL system at efile.illinoiscourts.gov.
How to Update Your Documents After an Illinois Name Change
After obtaining a certified divorce decree with name restoration or a standalone name change order, updating all identification documents takes approximately 2 to 3 months when completed in the correct sequence. The Social Security Administration processes name changes for free in 2 to 4 weeks, and this step must come first because other agencies verify your Social Security record.
Follow this order to update your records efficiently:
Social Security Card (Complete First)
- Submit Form SS-5 (Application for a Social Security Card) at your local SSA office or by mail
- Provide your certified divorce decree or name change order plus a current photo ID
- Processing takes 2 to 4 weeks and costs $0
- The updated Social Security record is required by most other agencies before they will process your name change
Illinois Driver's License or State ID (Complete Second)
- Visit an Illinois Secretary of State facility that handles driver services (check ilsos.gov for locations)
- Bring your certified divorce decree or court order, updated Social Security card or SSA receipt, current Illinois license or ID, and 2 proofs of residency
- Pay the standard replacement fee of approximately $30 for a driver's license or $20 for a state ID
- If upgrading to Real ID simultaneously, bring your birth certificate and 2 additional proofs of residency
- New ID is issued at the facility or mailed within 2 to 3 weeks
U.S. Passport (Complete Third)
- Submit Form DS-82 (renewal by mail) if your current passport is undamaged and was issued within the last 15 years, or Form DS-11 (new application) if applying in person
- Include your certified divorce decree or court order and most recent passport
- Pay $130 for mail renewal or $165 plus a $35 execution fee for in-person applications
- Routine processing takes 6 to 8 weeks; expedited processing takes 2 to 3 weeks for an additional $60
Remaining Records (Complete Last)
- Banks, credit cards, and investment accounts: bring certified copy of decree or order plus updated ID
- Employer and payroll: notify HR with a copy of the court order
- Health, auto, and life insurance: contact each provider with documentation
- Voter registration: often updated automatically when you update your driver's license through the Illinois Secretary of State
- Professional licenses: notify the relevant Illinois licensing board, as each board has its own name change procedure
- Property titles and deeds: file an updated deed with the county recorder's office
Divorce Decree vs. Standalone Petition: Cost and Timeline Comparison
The divorce-decree path for a name change after divorce in Illinois costs $0 beyond existing divorce fees and takes effect immediately, while the standalone petition costs $300 to $550 total and requires 6 to 12 weeks. Illinois residents who anticipate wanting a name change should always include the request in their divorce proceedings.
| Factor | In Divorce Decree (750 ILCS 5/413) | Standalone Petition (735 ILCS 5/21-101) |
|---|---|---|
| Additional Filing Fee | $0 (included in divorce) | $250 to $350 |
| Publication Requirement | None | 3 weeks ($50 to $200) |
| Total Additional Cost | $0 | $300 to $550 |
| Residency Requirement | 90 days in Illinois | 6 months in the county |
| Court Approval Standard | Mandatory ("shall") | Discretionary ("may") |
| Separate Hearing Required | No | Yes |
| Name Options | Prior legal names only | Any name |
| Timeline to Court Order | Immediate (with divorce judgment) | 6 to 12 weeks |
| Newspaper Publication | Not required | Required for 3 consecutive weeks |
What Recent Illinois Laws Affect Name Changes?
Public Act 103-0746, effective January 1, 2025, strengthened protections for individuals seeking name changes by expanding the court's ability to waive the 3-week newspaper publication requirement under 735 ILCS 5/21-103 when publication would create a safety risk. This builds on Public Act 102-0972 (2023) and primarily benefits domestic violence survivors and transgender individuals.
Public Act 103-0580, effective 2024, expanded fee waiver eligibility under 735 ILCS 5/5-105. More Illinois residents now qualify for waived filing fees on both divorce and name change petitions based on income thresholds at or below 200% of the federal poverty level. For a single individual in 2026, this threshold is approximately $30,120 per year.
The core name restoration statute, 750 ILCS 5/413, has not been amended in 2024 through 2026. The mandatory restoration provision remains unchanged, meaning courts must grant any spouse's request to restore a prior legal name during divorce proceedings.
Illinois has also continued expanding mandatory electronic filing across all counties. Most dissolution and name change petitions must now be filed electronically through approved e-filing service providers. The statewide e-filing portal is accessible at efile.illinoiscourts.gov.
What Happens If You Do Not Change Your Name During the Divorce?
If you do not request name restoration in your Illinois divorce decree, you can still legally change your name afterward by filing a standalone petition under 735 ILCS 5/21-101 at a cost of $300 to $550 including publication fees, with a processing time of 6 to 12 weeks. There is no deadline for filing a post-divorce name change in Illinois.
Many people miss the opportunity to include name restoration in their divorce for several reasons: they were uncertain about whether to change their name, their attorney did not raise the issue, or they were focused on custody and property matters during the proceedings. Whatever the reason, the standalone petition process works reliably. Courts approve the vast majority of good-faith name change requests.
One practical consideration is that the longer you wait after divorce to change your name, the more accounts, records, and documents accumulate under your married name. Updating a driver's license, Social Security card, passport, bank accounts, professional licenses, property titles, and employer records becomes more burdensome over time. If you are considering a name change after divorce in Illinois, acting promptly reduces the administrative effort involved.
Frequently Asked Questions
How much does it cost to change your name after divorce in Illinois?
Name restoration included in the divorce decree under 750 ILCS 5/413 costs $0 beyond the standard divorce filing fee of $250 to $388 depending on county. A standalone name change petition filed after divorce costs $250 to $350 in filing fees plus $50 to $200 for required newspaper publication, totaling $300 to $550. Fee waivers are available for low-income individuals under 735 ILCS 5/5-105.
Can you change your name to anything you want in an Illinois divorce?
No. Name restoration during Illinois divorce proceedings under 750 ILCS 5/413 is limited to prior legal names only, such as your maiden name or a name from a previous marriage. To adopt an entirely new name you have never legally held, you must file a separate petition under 735 ILCS 5/21-101, which costs $300 to $550 and takes 6 to 12 weeks.
How long does a name change take after divorce in Illinois?
If included in the divorce decree, the name change takes effect immediately when the judge signs the dissolution judgment. A standalone petition under 735 ILCS 5/21-101 takes 6 to 12 weeks from filing to court order, primarily due to the mandatory 3-week newspaper publication period. Updating all identification documents (Social Security, driver's license, passport) takes an additional 2 to 3 months.
Do you need to publish a name change in the newspaper in Illinois?
No publication is required when name restoration is included in the divorce decree under 750 ILCS 5/413. Standalone name change petitions under 735 ILCS 5/21-103 require publication once per week for 3 consecutive weeks in a newspaper of general circulation, costing $50 to $200. Courts may waive this requirement when publication would create a safety risk under Public Act 103-0746 (effective January 1, 2025).
Can a judge deny a name change request in an Illinois divorce?
No. Under 750 ILCS 5/413, the statute uses the word "shall," which means the court is legally required to grant any spouse's request to restore a prior legal name during divorce proceedings. The judge has no discretion to deny this request. Standalone name change petitions under 735 ILCS 5/21-104 use the word "may," giving judges discretion, though denials are uncommon for good-faith requests.
What documents do you need to change your name after divorce in Illinois?
You need 3 to 5 certified copies of your divorce decree (containing the name restoration order) or standalone name change court order, costing $6 to $12 per copy. For the Social Security Administration, bring Form SS-5 and a photo ID. For the Illinois Secretary of State, bring your current ID, Social Security card, and 2 proofs of residency. For a passport, submit Form DS-82 or DS-11 with your decree and current passport.
Can you change your children's last name during an Illinois divorce?
No. Illinois 750 ILCS 5/413 applies only to a spouse's name restoration and cannot be used to change a child's surname. Changing a child's name requires a separate petition under 735 ILCS 5/21-101, and both parents must receive notice and have the opportunity to object. Courts evaluate the best interest of the child before approving any minor's name change.
Is there a residency requirement for a name change in Illinois?
Yes, but the requirement differs by path. For name restoration in a divorce decree, the standard 90-day Illinois residency requirement for divorce under 750 ILCS 5/401 applies. For a standalone name change petition, 735 ILCS 5/21-101 requires 6 months of bona fide residency in the specific county where you file, which is a longer and more specific requirement.
What is the first document you should update after changing your name?
Update your Social Security card first by submitting Form SS-5 to the Social Security Administration, which processes name changes for free within 2 to 4 weeks. Most other agencies, including the Illinois Secretary of State (driver's license), banks, and the U.S. State Department (passport), verify your identity against the Social Security database before processing a name change. Updating SSA first prevents delays at every subsequent step.
Can you change your name back years after your Illinois divorce?
Yes. Illinois imposes no time limit on filing a standalone name change petition under 735 ILCS 5/21-101. Whether your divorce was finalized 1 year or 20 years ago, you can petition the court to restore your maiden name or change to any other name. The filing fee is $250 to $350 plus $50 to $200 in publication costs, and the process takes 6 to 12 weeks regardless of how long ago the divorce occurred.