Kansas law gives every divorcing spouse an automatic right to restore a former name as part of the divorce decree at no additional cost under K.S.A. 23-2716. A name change after divorce in Kansas can be completed through the divorce proceeding itself, through a post-decree motion for $62, or through a standalone petition costing $166 to $195. The most efficient path is requesting name restoration in your original divorce filing, which the court must grant upon request. Kansas courts processed over 8,500 divorce filings in the 2024 fiscal year, and name restoration is among the most common post-decree requests in Kansas district courts.
Key Facts: Name Change After Divorce in Kansas
| Detail | Information |
|---|---|
| Primary Statute | K.S.A. 23-2716 (Name Restoration in Divorce) |
| Alternative Statute | K.S.A. 60-1401 to 60-1402 (Standalone Name Change) |
| Cost During Divorce | $0 (included in divorce filing) |
| Post-Decree Motion Fee | $62 ($40 docket fee + $22 surcharge) |
| Standalone Petition Fee | $166 to $195 (varies by county) |
| Divorce Filing Fee | $195 ($173 docket fee + $22 surcharge) |
| Residency Requirement | 60 days for divorce (K.S.A. 23-2703) |
| Waiting Period | 60 days after filing (K.S.A. 23-2708) |
| SSA Name Change Fee | $0 (free) |
| Kansas Driver's License Update | $16 |
| Court Grants Restoration | Mandatory ("shall" language in statute) |
Fees listed as of March 2026. Verify with your local district court clerk.
Three Legal Paths for a Name Change After Divorce in Kansas
Kansas provides three distinct legal methods to change your name after divorce, ranging from $0 to $195 in court costs depending on which path applies to your situation. The most common and cost-effective approach is requesting name restoration within the divorce proceeding itself under K.S.A. 23-2716(a), which carries no additional filing fee and requires the court to grant the request. Over 90% of divorce-related name changes in Kansas follow this path because the statute uses mandatory "shall" language, meaning the judge has no discretion to deny a former name restoration request.
Path 1: Name Restoration During Divorce ($0 Additional Cost)
Kansas law under K.S.A. 23-2716(a) states that "upon the request of a spouse, the court shall order the restoration of that spouse's former name." This mandatory language means the court cannot deny a request to restore your maiden name or any prior legal name. To use this path, include the name restoration request in your divorce petition or raise it at any point before the decree is finalized. The Kansas Judicial Council provides a standardized form for this purpose, available at kjc.ks.gov. No separate filing fee, no publication requirement, and no additional hearing are needed when the name change is included in the divorce action.
Path 2: Post-Decree Motion ($62)
Kansas courts retain jurisdiction to order a name change after the divorce decree becomes final under K.S.A. 23-2716. A spouse who did not request name restoration during the divorce proceeding can file the Kansas Judicial Council's standardized "Affidavit and Order Changing Name after Divorce" form in the same court that granted the divorce. The post-decree motion filing fee is $62 ($40 docket fee plus $22 surcharge). This path is available at any time after the divorce is final, with no deadline or statute of limitations. The court retains the same mandatory "shall" authority to restore a former name under subsection (a), even years after the divorce.
Path 3: Standalone Name Change Petition ($166 to $195)
A standalone name change petition under K.S.A. 60-1402 is the most expensive option, costing $166 to $195 depending on the judicial district. This path requires filing a petition in the county of residence, demonstrating at least 60 days of Kansas residency, stating the reason for the name change, and providing notice to interested parties by mail or publication. Unlike the divorce-decree path, the standalone petition requires the judge to find "reasonable cause" for the name change. This option is typically used when a person wants to change to an entirely new name unrelated to any prior legal name, or when filing in the original divorce court is impractical.
| Comparison | During Divorce | Post-Decree Motion | Standalone Petition |
|---|---|---|---|
| Statute | K.S.A. 23-2716(a) | K.S.A. 23-2716 | K.S.A. 60-1402 |
| Filing Cost | $0 additional | $62 | $166 to $195 |
| Court Standard | "Shall" (mandatory) | "Shall" for former name | "Reasonable cause" |
| Publication Required | No | No | Possibly (court's discretion) |
| Time to Complete | Same day as decree | 2 to 4 weeks | 4 to 8 weeks |
| Where to File | Divorce court | Same divorce court | County of residence |
| Residency Requirement | 60 days (for divorce) | None (already established) | 60 days in Kansas |
The 2023 Amendment: Choosing Any Name During Divorce
Kansas expanded name change rights in divorce proceedings through a 2023 amendment to K.S.A. 23-2716, effective July 1, 2023, which added subsection (b) allowing a spouse to request a name change to any name during divorce, not just restoration of a former name. Before this amendment, divorcing spouses could only restore a maiden name or prior legal name through the divorce court. Under the new K.S.A. 23-2716(b), the court "may" order a name change to a different name upon request, giving the judge discretion over non-restoration name changes. This distinction matters: subsection (a) uses "shall" (mandatory) for former name restoration, while subsection (b) uses "may" (discretionary) for entirely new names.
The 2023 amendment reflects a growing national trend toward simplifying name changes within divorce proceedings. Kansas joined approximately 30 states that allow any name change during divorce, not just restoration of a prior name. The Kansas Judicial Council was directed to develop a standardized form for both types of requests under subsection (c) of the amended statute. This form is available through the Kansas Judicial Council website at kjc.ks.gov/legal-forms/adult-name-change.
Step-by-Step Process: Name Change After Divorce in Kansas
The complete name change after divorce in Kansas requires action in three systems: the Kansas district court, the Social Security Administration, and the Kansas Division of Vehicles, with total costs ranging from $16 to $211 depending on which court path you follow. Most petitioners complete the entire process in 4 to 8 weeks from the date the divorce decree is entered. The steps below follow the mandatory sequence because each government agency requires documentation from the previous step.
Step 1: Obtain a Certified Copy of Your Divorce Decree
Request a certified copy of your divorce decree from the district court clerk in the county where your divorce was granted. Kansas district courts charge approximately $1 per page for certified copies, with most divorce decrees running 5 to 15 pages ($5 to $15 total). The decree must specifically state that your name is restored or changed. If the decree does not include name restoration language, you will need to file a post-decree motion under K.S.A. 23-2716 before proceeding. Order at least 3 certified copies because the Social Security Administration, Kansas Division of Vehicles, and your bank will each require an original certified copy or will need to inspect one.
Step 2: Update Your Social Security Card (Free)
The Social Security Administration must be your first stop after receiving your court order because both the Kansas Division of Vehicles and most financial institutions verify your name against SSA records. Complete Form SS-5 (Application for a Social Security Card), available at ssa.gov or any local Social Security office. Bring your certified divorce decree showing the name change and a valid government-issued photo ID. The SSA processes name changes at no cost, and a new Social Security card typically arrives by mail within 2 weeks. Kansas has Social Security offices in Wichita, Topeka, Kansas City, Overland Park, Salina, and other cities. Schedule an appointment online at ssa.gov or by calling 1-800-772-1213.
Step 3: Update Your Kansas Driver's License ($16)
After receiving your new Social Security card, visit a Kansas driver's license office in person to update your name. The Kansas Department of Revenue, Division of Vehicles requires four categories of documentation for a name change. You must present a document from List F (your divorce decree showing name restoration), a document from List A or B (birth certificate or U.S. passport), your new Social Security card from List D, and two documents from List C proving Kansas residency (utility bills, bank statements, or lease agreements). The driver's license name change fee is $16. Kansas law requires you to report a name change to the Division of Vehicles within 10 days of the court order. All documents must be originals or certified copies. Contact the Division of Vehicles at 785-296-3671 for office locations.
Step 4: Update Remaining Records
After updating your Social Security card and driver's license, update the following records in this recommended order: bank accounts and financial institutions (bring certified decree and new ID), employer and payroll department (for W-2 and tax purposes), health insurance provider, voter registration (through your county election office or online at ksvotes.org), U.S. passport (Form DS-5504 if within 1 year, otherwise Form DS-82; $130 renewal fee), credit cards and loan accounts, utility companies, and professional licenses. The IRS does not require a separate notification because the name change flows through your Social Security record to the IRS automatically. Kansas professional licensing boards (nursing, law, real estate) each have their own name change procedures.
Kansas Residency and Waiting Period Requirements
Kansas requires 60 days of residency before filing for divorce under K.S.A. 23-2703 and imposes a separate 60-day waiting period after filing before the court can hear the case under K.S.A. 23-2708. These two 60-day periods run sequentially, meaning the absolute minimum time from establishing Kansas residency to obtaining a divorce decree with a name change is approximately 120 days. Only one spouse needs to meet the 60-day residency requirement. Military personnel stationed at a Kansas installation for 60 days can file in any county adjacent to the post or reservation.
The 60-day waiting period after filing applies to all divorce cases in Kansas, including uncontested divorces where both spouses agree on all terms. A judge may waive the waiting period only upon a finding of emergency, stating the precise nature of the emergency, the evidence supporting it, and the names of witnesses under K.S.A. 23-2708. Emergency waivers are rare and typically involve situations involving domestic violence or urgent financial circumstances. In practical terms, an uncontested Kansas divorce without children takes approximately 60 to 90 days from filing to final decree, while contested divorces range from 6 to 18 months.
Cost Breakdown: Total Name Change After Divorce Expenses
The total cost of a name change after divorce in Kansas ranges from $16 to approximately $406, depending on which court path applies and how many certified copies and secondary documents you need. The table below breaks down all potential expenses for each of the three legal paths available under Kansas law.
| Expense | During Divorce | Post-Decree | Standalone |
|---|---|---|---|
| Court filing/motion fee | $0 | $62 | $166 to $195 |
| Certified decree copies (3) | $15 to $45 | $15 to $45 | $15 to $45 |
| Social Security card | $0 | $0 | $0 |
| Kansas driver's license | $16 | $16 | $16 |
| U.S. passport renewal | $130 (if needed) | $130 (if needed) | $130 (if needed) |
| Publication costs | N/A | N/A | $50 to $100 (if ordered) |
| Total (without passport) | $16 to $45 | $78 to $107 | $197 to $356 |
| Total (with passport) | $146 to $175 | $208 to $237 | $327 to $486 |
Fee Waivers for Low-Income Petitioners
Kansas district courts offer fee waivers through a Poverty Affidavit for petitioners who cannot afford filing fees, reducing the court cost of a name change after divorce in Kansas to $0. Under Kansas Supreme Court rules, a petitioner who demonstrates financial hardship may file without paying the docket fee or surcharge. The Poverty Affidavit requires disclosure of income, expenses, assets, and debts. Kansas Legal Services (kansaslegalservices.org) provides free legal assistance and interactive court forms for qualifying individuals. Eligibility for fee waiver consideration is generally based on income at or below 150% of the federal poverty level, which is $22,590 for a single individual in 2026. The waiver applies to the court filing fee only and does not cover costs such as publication fees or certified copies.
Kansas Judicial Council Forms and Filing Resources
The Kansas Judicial Council (KJC) develops and maintains all standardized court forms used in Kansas district courts, including the specific forms required for a divorce-related name change under K.S.A. 23-2716. The KJC provides two sets of relevant forms: divorce forms (at kjc.ks.gov/legal-forms/divorce) that include the name restoration request, and adult name change forms (at kjc.ks.gov/legal-forms/adult-name-change) for standalone petitions under K.S.A. 60-1402. Kansas also offers electronic filing through the eFlex system at filer.kscourts.org, which allows petitioners to file documents online in most Kansas district courts.
The Kansas Self-Help Center (self-help.kscourts.gov) provides step-by-step guidance for self-represented litigants, including instructions for name change filings, current fee schedules, and links to all required forms. Kansas Legal Services offers free interactive online forms that generate completed court documents based on your answers to guided questions, available at kansaslegalservices.org. These resources make it possible to complete a name change after divorce in Kansas without hiring an attorney in most straightforward cases.
Changing Children's Names After Divorce in Kansas
Changing a child's last name after divorce in Kansas requires a separate standalone petition under K.S.A. 60-1402 and typically requires the consent of both parents or a court finding that the name change serves the child's best interests. The divorce decree name restoration provision under K.S.A. 23-2716 applies only to the divorcing spouse, not to minor children. A parent filing to change a child's name must provide notice to the other parent, who has the right to object. Kansas courts consider factors including the child's preference (if old enough to express one), the length of time the child has used the current name, the effect of the change on the parent-child relationship, and whether the name change is motivated by a desire to alienate the child from the other parent. Filing fees for a child's name change petition are $166 to $195.
Frequently Asked Questions
Can I change my name back to my maiden name during a Kansas divorce?
Kansas law under K.S.A. 23-2716(a) guarantees the right to restore a former name during divorce proceedings. The statute uses the word "shall," making name restoration mandatory upon request. Simply include the request in your divorce petition or raise it before the decree is finalized. There is no additional filing fee for name restoration during a divorce. The court cannot deny a request to restore a maiden name or any prior legal name under this provision.
How much does a name change after divorce cost in Kansas?
A name change after divorce in Kansas costs between $16 and $356 depending on the method used. Requesting name restoration during the divorce adds $0 in court fees. A post-decree motion costs $62. A standalone petition costs $166 to $195. All paths require a $16 Kansas driver's license update fee. Social Security card updates are free. Budget an additional $15 to $45 for certified copies of the divorce decree.
Is there a deadline to change my name after divorce in Kansas?
Kansas imposes no deadline for requesting a name change after divorce. Under K.S.A. 23-2716, the court retains jurisdiction to restore a former name at any time after the divorce decree becomes final. A person divorced 5, 10, or 20 years ago can still file a post-decree motion for $62 in the original divorce court. The mandatory "shall" language applies regardless of how much time has passed since the divorce was granted.
Do I need my ex-spouse's permission to change my name after divorce in Kansas?
Kansas does not require an ex-spouse's consent for a divorce-related name change. Under K.S.A. 23-2716(a), the court "shall" restore a former name upon the requesting spouse's petition alone. The other spouse has no veto power over name restoration. For standalone name change petitions under K.S.A. 60-1402, the court may require notice to interested parties, but consent from an ex-spouse is not a statutory requirement.
Can I choose a completely new name during my Kansas divorce?
Kansas allows divorcing spouses to choose an entirely new name under K.S.A. 23-2716(b), which was added by the 2023 amendment effective July 1, 2023. However, the standard differs from a maiden name restoration. Subsection (a) uses "shall" (mandatory) for restoring a former name, while subsection (b) uses "may" (discretionary) for a different name. The judge has discretion to approve or deny a request for an entirely new name that is not a former legal name.
How long does the name change process take in Kansas?
The complete name change after divorce process in Kansas takes approximately 4 to 8 weeks from the date the divorce decree with name restoration is entered. The court order itself is immediate. Social Security card processing takes approximately 2 weeks. The Kansas driver's license update is completed the same day at a Division of Vehicles office. Banks and financial institutions typically process name changes within 5 to 10 business days. The longest delays occur with U.S. passport renewals, which take 6 to 8 weeks for routine processing.
What documents do I need to change my name on my Kansas driver's license?
The Kansas Division of Vehicles requires four categories of documents for a driver's license name change: (1) List F proof of name change, such as your divorce decree showing name restoration; (2) List A or B primary identity document, such as a birth certificate or U.S. passport; (3) List D Social Security card showing your new legal name; and (4) two List C residency documents such as utility bills or bank statements. The fee is $16, and all documents must be originals or certified copies.
Can I change my children's last name in the Kansas divorce decree?
K.S.A. 23-2716 applies only to the divorcing spouse, not to minor children. Changing a child's name in Kansas requires a separate petition under K.S.A. 60-1402, costing $166 to $195 in filing fees. Both parents must receive notice, and the non-filing parent can object. Kansas courts evaluate the child's best interests, including the child's preference, the impact on the parent-child relationship, and the motivation behind the request.
What if my divorce decree does not include a name change?
A divorce decree without name restoration language does not prevent a name change after divorce in Kansas. File a post-decree motion under K.S.A. 23-2716 in the same court that granted the divorce for $62. The court retains jurisdiction indefinitely and must grant restoration of a former name upon request. Alternatively, file a standalone name change petition under K.S.A. 60-1402 in your county of residence for $166 to $195. The post-decree motion is faster, cheaper, and does not require publication notice.
Do I need a lawyer to change my name after divorce in Kansas?
Most Kansas name changes after divorce do not require an attorney. The Kansas Judicial Council provides standardized forms for both divorce-related name restoration under K.S.A. 23-2716 and standalone name change petitions under K.S.A. 60-1402. Kansas Legal Services offers free interactive online forms at kansaslegalservices.org. An attorney may be helpful for contested situations, such as when changing a child's name over the other parent's objection, or when seeking a non-restoration name change under the discretionary K.S.A. 23-2716(b) provision.