Indiana law provides two distinct legal paths for a name change after divorce: restoration through the divorce decree itself at no additional cost under IC 31-15-2-18, or a standalone name change petition under IC 34-28-2 costing $200 to $330 in total fees. The simplest and cheapest method is requesting name restoration in the original divorce petition, where Indiana courts are required by statute to grant the request when properly included. If the divorce is already finalized without a name change provision, a separate circuit court petition with newspaper publication is required, adding 2 to 3 months to the process.
Author: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Indiana divorce law
Key Facts: Name Change After Divorce in Indiana
| Item | Details |
|---|---|
| Divorce Filing Fee | $157 (most counties); $177 in Marion County |
| Name Change via Divorce Decree | $0 additional cost under IC 31-15-2-18 |
| Standalone Name Change Filing Fee | $157 petition + $40-$150 newspaper publication |
| Divorce Waiting Period | 60 days mandatory (IC 31-15-2-10) |
| Standalone Name Change Timeline | 2-3 months from filing to court order |
| Residency Requirement | 6 months in Indiana, 3 months in filing county |
| Grounds for Divorce | No-fault (irretrievable breakdown of marriage) |
| Governing Statutes | IC 31-15-2-18 (divorce decree), IC 34-28-2 (standalone petition) |
What Are the Two Legal Paths for a Name Change After Divorce in Indiana?
Indiana residents pursuing a name change after divorce in Indiana have two options: requesting name restoration in the divorce decree under IC 31-15-2-18 at no extra cost, or filing a standalone name change petition under IC 34-28-2-1 for $200 to $330 total. The divorce decree path takes approximately 60 to 90 days for uncontested cases, while the standalone petition requires 2 to 3 months including mandatory newspaper publication.
The divorce decree method is the preferred approach for most Indiana residents because the court is statutorily required to grant the name restoration when it is properly requested. Under IC 31-15-2-18, the petitioner must set out the desired restored name in the dissolution petition as part of the relief sought. The court then includes the name change in the final decree of dissolution, making it effective immediately upon entry of the decree.
The standalone petition method under IC 34-28-2 becomes necessary when the divorce has already been finalized without a name change provision. This path requires filing a separate petition with the circuit court, publishing notice in a local newspaper for three consecutive weeks, waiting at least 30 days after the last publication, and appearing at a court hearing. The total cost ranges from $200 to $330, including the $157 filing fee and $40 to $150 in newspaper publication charges.
How Do You Request a Name Change in Your Indiana Divorce Decree?
Indiana courts must grant a name restoration request when it is included in the original divorce petition under IC 31-15-2-18, with no additional filing fee beyond the standard $157 divorce filing cost. The petitioner must specify the exact name to be restored, which can be a maiden name or a previous married name, in the dissolution petition itself.
To include a name change in your Indiana divorce decree, follow these steps:
- Include the name restoration request in your Petition for Dissolution of Marriage, specifying the exact name you wish to restore.
- File the petition with the circuit or superior court in your county of residence, paying the standard $157 filing fee (or $177 in Marion County).
- Wait the mandatory 60-day cooling-off period required by IC 31-15-2-10 before the court can schedule a final hearing.
- Attend the final hearing where the judge will enter the decree of dissolution, which includes the name change order.
- Obtain certified copies of the final decree from the clerk of court at $5 to $10 per copy.
The name restoration under IC 31-15-2-18 is limited to restoring a maiden name or a previous married name. Indiana law does not allow petitioners to adopt an entirely new name through the divorce decree process. For a completely new name not previously held, a standalone petition under IC 34-28-2 is required.
If you forgot to include the name change request in your original petition but the divorce has not yet been finalized, you can amend the petition to add the request before the court enters the final decree. Once the decree is entered without a name change provision, however, the divorce decree path is closed and the standalone petition process becomes the only option.
How Do You File a Standalone Name Change Petition in Indiana?
A standalone name change petition in Indiana requires filing with the circuit court in the petitioner's county of residence under IC 34-28-2-1, paying a $157 filing fee, publishing notice in a newspaper for 3 consecutive weeks, and attending a court hearing after a 30-day waiting period. The total cost ranges from $200 to $330 and the process takes 2 to 3 months.
The petition must be subscribed and sworn to under penalties of perjury and notarized before a notary public. Under IC 34-28-2-2, the petition must include:
- Date of birth of the petitioner
- Current residence address and mailing address if different
- Valid Indiana driver's license or identification card number
- List of all previous names used by the petitioner
- Proof of United States citizenship
- Statement on whether the petitioner holds a valid U.S. passport
- Description of all felony criminal conviction judgments, if any
After filing the petition, IC 34-28-2-3 requires the petitioner to publish notice of the name change petition in a newspaper of general circulation in the county. The notice must appear once per week for three consecutive weeks, and the last publication must be at least 30 days before the scheduled hearing date. Newspaper publication costs range from $40 to $150 depending on the publication and county.
Once proof of publication is filed with the court under IC 34-28-2-4, the court schedules a hearing. At the hearing, the judge reviews the petition, confirms that all requirements have been met, and issues a court order granting the name change. The entire process typically takes 2 to 3 months from the initial filing to the court order.
What Are the Costs of a Name Change After Divorce in Indiana?
The total cost of a name change after divorce in Indiana ranges from $0 additional (when included in the divorce decree) to $330 for a standalone petition, plus $9 to $190 for updating government-issued identification documents. The divorce decree method under IC 31-15-2-18 is the most cost-effective option, adding no fees beyond the standard divorce filing cost.
| Cost Category | Divorce Decree Path | Standalone Petition Path |
|---|---|---|
| Court Filing Fee | $0 additional (included in $157 divorce fee) | $157 |
| Newspaper Publication | Not required | $40-$150 |
| Notary Fee | Not applicable | $5-$15 |
| Certified Copies of Order | $5-$10 per copy | $5-$10 per copy |
| Social Security Card Update | $0 | $0 |
| Indiana BMV License Update | $9 | $9 |
| Passport Update | $0-$190 (depends on current passport age) | $0-$190 |
| Total Estimated Range | $14-$209 | $216-$534 |
As of March 2026, most Indiana counties charge $157 for civil case filings, including both divorce petitions and standalone name change petitions. Marion County (Indianapolis) and Clark County charge $177. Verify current fees with your local clerk of court before filing.
Fee waivers are available for petitioners who meet Indiana's indigency guidelines. Under Indiana Trial Rule 83, a petitioner whose household income is at or below 125% of the federal poverty guidelines (approximately $19,000 per year for a single person or $26,000 for a two-person household in 2026) may file a Verified Motion for Fee Waiver to have court filing fees waived.
What Documents Do You Need to Update After a Divorce Name Change in Indiana?
After obtaining a divorce decree or court order with a name change in Indiana, updating government-issued documents requires visiting 3 to 5 agencies in a specific order over approximately 4 to 6 weeks. The Social Security Administration must be updated first because other agencies require the updated Social Security record as verification.
The recommended order for updating documents after a name change after divorce in Indiana is:
Step 1: Social Security Card (Do This First)
The Social Security Administration processes name changes at no cost ($0). Submit Form SS-5 (Application for a Social Security Card) at your local SSA office or by mail, along with a certified copy of your divorce decree showing the name change and a current form of identification such as a driver's license or passport. Only original or certified documents are accepted. Processing takes approximately 10 business days. The SSA office for Indianapolis is located at 575 North Pennsylvania Street.
Step 2: Indiana BMV Driver's License (Wait 24 Hours After SSA)
The Indiana Bureau of Motor Vehicles charges $9 to amend a driver's license or identification card. You must visit a BMV branch in person within 30 days of the name change, bringing your certified divorce decree, updated Social Security card, proof of Indiana residence, and proof of lawful U.S. presence. Wait at least 24 hours (1 business day) after the Social Security update before visiting the BMV, as the BMV system verifies your Social Security record electronically. Online name changes are not available through the Indiana BMV.
Step 3: U.S. Passport
Passport name change costs depend on when the current passport was issued. If the passport was issued less than 1 year ago, submit Form DS-5504 for a free name correction ($0 routine processing or $60 for expedited service). If the passport was issued more than 1 year ago but within the last 15 years and has not been expired for more than 5 years, submit Form DS-82 with a $130 renewal fee ($190 with expedited processing). If the passport was issued more than 15 years ago or has been expired for over 5 years, submit Form DS-11 in person at a passport acceptance facility with a $130 fee ($190 expedited). Include a certified copy of the divorce decree that specifically states the name restoration.
Step 4: Additional Documents
After updating the three primary identification documents, notify these additional entities:
- Banks and financial institutions (bring certified decree and updated ID)
- Employer and payroll department (for tax withholding and benefits)
- Health insurance provider
- Mortgage company or landlord
- Utility companies
- Voter registration (update at indianavoters.in.gov or your county clerk's office)
- IRS (file Form 8822 or update when filing next tax return)
- Professional licensing boards (Indiana Professional Licensing Agency)
What Is the Timeline for a Name Change After Divorce in Indiana?
The fastest path to completing a name change after divorce in Indiana is 60 days when the name restoration is included in an uncontested divorce decree under IC 31-15-2-18. A standalone name change petition under IC 34-28-2 takes 2 to 3 months from filing to court order. Updating all identification documents adds an additional 4 to 6 weeks after the court order.
| Timeline Stage | Divorce Decree Path | Standalone Petition Path |
|---|---|---|
| Filing to Court Order | 60-90 days (uncontested) | 2-3 months |
| Social Security Update | ~10 business days | ~10 business days |
| BMV License Update | 1-2 days after SSA | 1-2 days after SSA |
| Passport Update | 6-8 weeks (routine) | 6-8 weeks (routine) |
| All Documents Complete | 3-5 months total | 4-6 months total |
The 60-day mandatory waiting period under IC 31-15-2-10 applies to all Indiana divorce cases and cannot be waived by either party, their attorneys, or the judge. Contested divorces involving disputes over property division, child custody, or support may extend the timeline to 3 months or longer, but the name change portion remains effective immediately upon entry of the final decree.
For the standalone petition path, the three-week newspaper publication period under IC 34-28-2-3 followed by the 30-day minimum waiting period before the hearing creates a baseline of approximately 7 to 8 weeks. Court scheduling availability in the petitioner's county adds additional time, with busy jurisdictions like Marion County sometimes requiring 2 to 4 additional weeks for hearing dates.
What Are the Residency Requirements for Filing in Indiana?
Indiana requires at least 6 months of state residency and 3 months of county residency before filing a divorce petition under IC 31-15-2-6. For a standalone name change petition under IC 34-28-2-2, the petitioner must be a resident of the county where the petition is filed, though no specific duration is statutorily mandated for the name change petition alone.
The divorce residency requirements are strictly enforced by Indiana courts. Either the petitioner or the respondent (not both) must have been a resident of Indiana for at least 6 months immediately before filing the petition for dissolution. Additionally, the petitioner must have been a resident of the county where the petition is filed for at least 3 months immediately before filing. Military personnel stationed at a United States military installation within Indiana satisfy the state residency requirement, and those stationed within a specific county satisfy the county residency requirement.
If the residency requirements are not met at the time of filing, the court lacks subject matter jurisdiction over the case and may dismiss the petition. The residency period cannot be shortened or waived.
Are There Any Restrictions on Who Can Request a Name Change in Indiana?
Indiana imposes specific restrictions on name change eligibility. Under IC 31-15-2-19, lifetime sex or violent offenders are prohibited from obtaining a name change through a divorce decree. Under IC 34-28-2-1, persons confined to a Department of Correction facility may not petition for a standalone name change.
For the divorce decree name restoration path, the requesting party must have been known by the name they wish to restore prior to the marriage. The statute limits restoration to a maiden name or a previous married name. A person seeking an entirely new name that they have never legally held cannot use the divorce decree process and must instead file a standalone petition under IC 34-28-2.
The standalone name change petition has additional requirements designed to prevent fraud. Under IC 34-28-2-2, all petitioners must provide proof of United States citizenship, disclose all previous names used, disclose all felony criminal convictions, and provide a valid Indiana driver's license or identification card number. The newspaper publication requirement under IC 34-28-2-3 serves as public notice, giving any interested party the opportunity to object to the name change before the court hearing.
What Recent Law Changes Affect Name Changes After Divorce in Indiana?
No significant changes to Indiana name change statutes (IC 34-28-2) or divorce name restoration statutes (IC 31-15-2-18) have been enacted during the 2024 to 2026 legislative sessions. Indiana House Bill 1684, introduced in January 2025 by Representative Timothy Wesco, would have added witness requirements for divorce filings citing irretrievable breakdown, but the bill was withdrawn on February 4, 2025.
Indiana remains a no-fault divorce state, meaning the only required ground for dissolution is that the marriage is irretrievably broken. The 60-day mandatory waiting period under IC 31-15-2-10 remains in effect and cannot be waived. The name restoration provision under IC 31-15-2-18 continues to apply as originally codified, requiring that the name change request be included in the initial petition for dissolution.
Practitioners and petitioners should monitor the Indiana General Assembly website at iga.in.gov for any future legislative changes affecting divorce or name change procedures.
Frequently Asked Questions: Name Change After Divorce in Indiana
Can I change my name back to my maiden name as part of my Indiana divorce?
Yes. Under IC 31-15-2-18, Indiana courts must grant a maiden name restoration when the request is included in the divorce petition. There is no additional filing fee beyond the standard $157 divorce filing cost, and the name change becomes effective immediately upon entry of the final decree after the mandatory 60-day waiting period.
What if I forgot to request a name change in my divorce decree?
If the divorce has been finalized without a name change provision, you must file a standalone name change petition under IC 34-28-2 with the circuit court in your county of residence. The total cost is $200 to $330 (including the $157 filing fee and $40 to $150 in newspaper publication costs), and the process takes 2 to 3 months.
How much does a name change after divorce cost in Indiana?
A name change after divorce in Indiana costs $0 additional when included in the divorce decree under IC 31-15-2-18, or $200 to $330 total for a standalone petition under IC 34-28-2. Government ID updates add $9 for the Indiana BMV license and $0 to $190 for a passport, depending on the passport's age.
How long does a name change take after divorce in Indiana?
A name change through an Indiana divorce decree takes a minimum of 60 days due to the mandatory waiting period under IC 31-15-2-10, with most uncontested cases completing in 60 to 90 days. A standalone name change petition takes 2 to 3 months. Updating all identification documents adds 4 to 6 additional weeks.
Do I need to publish my name change in a newspaper in Indiana?
Newspaper publication is required only for standalone name change petitions under IC 34-28-2-3, not for name changes included in a divorce decree. The publication must appear once per week for 3 consecutive weeks in a newspaper of general circulation in your county, costing $40 to $150. The last publication must be at least 30 days before the hearing.
Can I change to a completely new name through my Indiana divorce?
No. The divorce decree name change under IC 31-15-2-18 is limited to restoring a maiden name or a previous married name. To adopt an entirely new name you have never legally held, you must file a standalone name change petition under IC 34-28-2, which costs $200 to $330 and takes 2 to 3 months.
What order should I update my documents after an Indiana name change?
Update documents in this order: (1) Social Security card first (free, ~10 business days via Form SS-5), (2) Indiana BMV driver's license ($9, wait 24 hours after SSA update), (3) U.S. passport ($0 to $190 depending on passport age). The Social Security Administration must be updated first because the BMV electronically verifies your SSA record.
Can a sex offender get a name change through divorce in Indiana?
No. Under IC 31-15-2-19, lifetime sex or violent offenders are prohibited from obtaining a name change through an Indiana divorce decree. Similarly, persons confined to an Indiana Department of Correction facility are barred from filing standalone name change petitions under IC 34-28-2-1.
Do I need a lawyer for a name change after divorce in Indiana?
Indiana does not require legal representation for either a divorce name restoration or a standalone name change petition. Self-service legal forms are available through the Indiana Judicial Branch Self-Service Legal Center at in.gov/courts/selfservice. However, an attorney can help navigate contested cases or situations involving felony conviction disclosures, where legal guidance may prevent delays.
Can I get a fee waiver for a name change petition in Indiana?
Yes. Under Indiana Trial Rule 83, petitioners whose household income is at or below 125% of the federal poverty guidelines (approximately $19,000 per year for a single person in 2026) may file a Verified Motion for Fee Waiver. If granted, the $157 filing fee is waived. Newspaper publication costs may also be reduced through legal aid organizations.