Louisiana offers two legal paths for a name change after divorce: restoring your prior name through the divorce decree itself at no additional cost under La. C.C.P. Art. 3947, or filing a separate name change petition under La. R.S. 13:4751 for $300 to $500. The divorce decree method is faster, cheaper, and does not require newspaper publication. Either path requires updating your Social Security card, Louisiana driver's license, and U.S. passport afterward, with total document update costs ranging from $175 to $450.
| Key Facts: Name Change After Divorce in Louisiana |
|---|
| Divorce Decree Name Restoration (Art. 3947): $0 additional court fee |
| Standalone Name Change Petition (R.S. 13:4751): $300-$500 filing fee |
| Newspaper Publication: Not required for divorce-decree path; required for standalone petition ($50-$150) |
| Social Security Card Update: Free |
| Louisiana Driver's License Update: $17.50-$32.25 |
| U.S. Passport Update: $130-$225 |
| Total Estimated Cost (Divorce Decree Path): $175-$450 |
| Total Estimated Cost (Standalone Petition Path): $475-$1,100+ |
| Timeline (Divorce Decree Path): Immediate with divorce judgment |
| Timeline (Standalone Petition Path): 45 days to 3 months |
What Are the Two Legal Paths for a Name Change After Divorce in Louisiana?
Louisiana law provides two distinct legal methods for changing your name after divorce: the divorce decree method under La. C.C.P. Art. 3947 and the standalone petition method under La. R.S. 13:4751. The divorce decree method costs $0 in additional court fees and requires no newspaper publication, making it the preferred choice for approximately 90% of divorce-related name changes in Louisiana. The standalone petition method costs $300 to $500 in filing fees plus $50 to $150 for mandatory newspaper publication and takes 45 days to 3 months to complete.
| Feature | Divorce Decree (Art. 3947) | Standalone Petition (R.S. 13:4751) |
|---|---|---|
| Additional Court Fee | $0 | $300-$500 |
| Newspaper Publication | Not required | Required ($50-$150) |
| Timeline | Included in divorce judgment | 45 days to 3 months |
| Hearing Required | No separate hearing | Judge's discretion |
| Name Options | Birth name, pre-marriage name, or children's surname | Any name |
| Birth Certificate Amendment | Not permitted under Art. 3947 | Permitted under R.S. 13:4754 |
| DA Background Check | Not required | Required (R.S. 13:4752) |
The divorce decree path under La. C.C.P. Art. 3947 limits name restoration to three options: the name used at the time of marriage, the surname appearing on the birth certificate, or the surname of the person's minor children. The standalone petition under La. R.S. 13:4751 allows a change to any name, provided the court finds the request is made in good faith and the district attorney raises no objection.
How Does the Divorce Decree Name Restoration Work Under Art. 3947?
Louisiana C.C.P. Art. 3947 allows either spouse to have the court confirm their prior name as part of the divorce judgment at no additional cost. This confirmation bypasses the formal name change procedures of R.S. 13:4751 through 13:4755, eliminating the $300 to $500 filing fee, the mandatory newspaper publication requirement, and the district attorney background check. The name restoration language is included directly in the divorce decree, and no separate hearing is required.
To use this path, the spouse requesting a name change after divorce in Louisiana must ask their attorney to include name restoration language in the divorce petition before judgment is entered. The request can be made by either the plaintiff or the defendant. Acts 2021, No. 259, Section 2 amended Art. 3947 to use gender-neutral language, replacing references to "married woman" and "maiden name" with "spouse" and "birth certificate surname." This 2021 amendment confirmed that either spouse may request name confirmation during Louisiana divorce proceedings, not just the wife.
The court may confirm one of three names under Art. 3947: the name the spouse was using at the time of marriage, the surname appearing on the spouse's birth certificate, or the surname of the spouse's minor children. Louisiana courts cannot approve a name restoration to any other name under this provision. Spouses seeking to adopt an entirely new surname must use the standalone petition process under R.S. 13:4751.
One important limitation exists: Art. 3947 explicitly states that a divorce decree name confirmation "shall not be construed to allow" amendment of a birth certificate through the Bureau of Vital Statistics. Spouses who need their Louisiana birth certificate updated to reflect the restored name must file a separate certified judgment under R.S. 13:4754, which permits the state registrar of vital records to alter the birth record upon receipt of a certified copy of a name change judgment.
How Do You File a Standalone Name Change Petition in Louisiana?
Filing a standalone name change petition in Louisiana requires submitting a petition to the district court of the parish where you reside, the parish where you were born, or Orleans Parish (the venue for the Vital Records Registry) under La. R.S. 13:4751. The filing fee ranges from $300 to $500 depending on the parish, and the process takes approximately 45 days to 3 months from filing to final judgment. This path is necessary when the divorce decree did not include name restoration language or when a spouse wishes to adopt a name other than the three options permitted under Art. 3947.
The standalone name change process in Louisiana involves these steps:
- Prepare the name change petition setting forth the reasons for the desired change, current legal name, and proposed new name. Free petition forms are available through the Louisiana State Bar Association and the Louisiana Legal Navigator self-help tool.
- File the petition with the district court clerk and pay the $300 to $500 filing fee. Individuals who cannot afford the filing fee may file an in forma pauperis affidavit with a corroborating witness to request a fee waiver.
- Serve the district attorney of the parish with a copy of the petition and citation as required by La. R.S. 13:4752. The DA represents the state in name change proceedings and conducts a background check.
- Publish notice of the name change petition in a local newspaper. Publication costs range from $50 to $150 depending on the parish and publication. Courts may waive publication requirements in domestic violence situations where safety concerns exist.
- Attend a hearing if the judge requires one. Under La. R.S. 13:4753, the judge may hear the case in open court or in chambers. Many Louisiana judges approve name change petitions on the paperwork alone without requiring an in-person hearing.
- Receive the judgment, which is recorded in the miscellaneous records of the parish under La. R.S. 13:4754 and becomes the petitioner's "true and lawful name."
Louisiana law restricts name change petitions for certain individuals. Under R.S. 13:4751, convicted felons must have completed their full sentence, including probation and parole, before filing. Persons convicted of violent felonies defined under La. R.S. 14:2(B) are permanently barred from petitioning for a name change.
What Documents Do You Need to Update After a Louisiana Name Change?
After obtaining a name change after divorce in Louisiana, you must update your Social Security card first, followed by your Louisiana driver's license, U.S. passport, and all other personal records. The Social Security Administration requires updating first because all other government agencies verify name changes against SSA records. The total cost for updating all essential documents ranges from $175 to $450, and the full process takes approximately 8 to 12 weeks to complete.
Update documents in this specific order:
Step 1: Social Security Card (Free, 10 Business Days)
File Form SS-5 (Application for a Social Security Card) with the Social Security Administration. You may begin the application online at ssa.gov, then visit a local SSA office or mail the completed form. Required documents include a certified copy of the divorce decree containing the name change order and an unexpired government-issued photo ID. The SSA charges no fee for a replacement Social Security card, and the new card arrives by mail in approximately 10 business days. Louisiana has 26 Social Security offices across the state.
Step 2: Louisiana Driver's License ($17.50-$32.25, Same Day)
Visit a Louisiana Office of Motor Vehicles location in person to update your driver's license or state ID. Required documents include the updated Social Security card, a certified copy of the divorce decree or name change judgment, and proof of Louisiana residency. The OMV charges a duplicate or replacement license fee of $17.50 to $32.25, which includes possible local surcharges of up to $8 depending on the parish. The updated license is issued the same day at the OMV office. OMV locations across Louisiana are listed at the OMV website.
Step 3: U.S. Passport ($0-$225, 2-8 Weeks)
The passport update cost and form depend on when the current passport was issued. Passports issued less than 1 year ago can be corrected using Form DS-5504 at no charge for routine processing or $60 for expedited processing. Passports issued more than 1 year ago require Form DS-82 at a cost of $130 for routine processing or $190 for expedited processing. New passport applications require Form DS-11 at a cost of $165 ($130 application fee plus $35 execution fee) or $225 with expedited processing. Routine processing takes 6 to 8 weeks, and expedited processing takes 2 to 3 weeks.
Step 4: All Other Records
After completing the three primary government document updates, notify these additional entities of your Louisiana name change after divorce:
- Banks and financial institutions (bring certified decree and updated ID)
- Credit card companies
- Employer and payroll department
- Health insurance provider
- Vehicle title and registration (Louisiana OMV)
- Voter registration (update under La. R.S. 18:111)
- Professional licensing boards
- Utility companies
- Mortgage lender or landlord
- Louisiana Vital Records (for birth certificate amendment, $25-$50 fee, 8-12 weeks processing)
How Much Does a Name Change After Divorce Cost in Louisiana?
A name change after divorce in Louisiana costs between $175 and $1,100 depending on the legal path chosen. The divorce decree path under Art. 3947 has no additional court fee, bringing the total to $175 to $450 for document updates alone. The standalone petition path under R.S. 13:4751 adds $300 to $500 in court filing fees and $50 to $150 for mandatory newspaper publication, bringing the total to $475 to $1,100 or more.
| Cost Item | Divorce Decree Path | Standalone Petition Path |
|---|---|---|
| Court filing fee | $0 (included in divorce) | $300-$500 |
| Newspaper publication | Not required | $50-$150 |
| Certified copies (5-10) | $50-$250 | $50-$250 |
| Social Security card | $0 | $0 |
| Louisiana driver's license | $17.50-$32.25 | $17.50-$32.25 |
| U.S. passport | $130-$225 | $130-$225 |
| Birth certificate amendment | $25-$50 (optional) | $25-$50 (optional) |
| Total estimated cost | $175-$450 | $475-$1,100+ |
As of March 2026. Verify current filing fees with your local parish clerk of court. Fee schedules vary by parish, and individuals who cannot afford filing fees may petition for in forma pauperis status under Louisiana law.
Certified copies of the divorce decree or name change judgment are essential for updating documents. Most Louisiana parish clerks charge $10 to $25 per certified copy. Order 5 to 10 certified copies at the time of judgment to avoid making multiple trips to the clerk's office.
Does Louisiana Require You to Take Your Spouse's Name During Marriage?
Louisiana does not require either spouse to change their name upon marriage. Under La. C.C. Art. 100, "marriage does not change the name of either spouse." Louisiana law recognizes that both spouses retain their legal names after marriage, though either spouse may choose to use the other spouse's surname or a hyphenated combination as a surname. This principle, codified by Acts 1987, No. 886 (effective January 1, 1988), means that a spouse who used a married name did so by choice rather than legal requirement.
This distinction matters for the name change after divorce process in Louisiana because the divorce decree name restoration under Art. 3947 is technically a "confirmation" of the prior name rather than a legal name change. The court confirms that the spouse's legal name is the name used before or at the time of marriage. Louisiana's civil law tradition treats the married surname as an assumed name rather than a legal name, which simplifies the restoration process compared to common law states.
How Long Does the Name Change Process Take in Louisiana?
The divorce decree name restoration under Art. 3947 takes no additional time beyond the divorce itself because the name confirmation is included in the divorce judgment. A standalone name change petition under R.S. 13:4751 takes approximately 45 days to 3 months from petition filing to final judgment, depending on parish caseload, district attorney processing time, and whether the judge requires a hearing.
Post-judgment document updates follow a predictable timeline: the Social Security card arrives in approximately 10 business days, the Louisiana driver's license is updated the same day at the OMV, and the U.S. passport takes 6 to 8 weeks for routine processing or 2 to 3 weeks for expedited processing. A Louisiana birth certificate amendment through Vital Records takes 8 to 12 weeks and may extend to 3 to 5 months in some cases. The entire process from divorce judgment to complete document updates typically takes 8 to 12 weeks when pursued diligently.
Can You Change Your Name to Something Other Than Your Birth Name in Louisiana?
Louisiana restricts the divorce decree name restoration under Art. 3947 to three specific options: the name used at the time of marriage, the birth certificate surname, or the surname of the spouse's minor children. Spouses who wish to adopt an entirely new surname that does not fall within these three categories must file a separate name change petition under R.S. 13:4751 at a cost of $300 to $500 in filing fees.
The standalone petition process under R.S. 13:4751 allows a Louisiana resident to petition for any name, provided the request is made in good faith and for legitimate reasons. The district attorney reviews the petition under R.S. 13:4752 and may object if the name change appears intended to defraud creditors, evade law enforcement, or mislead the public. Louisiana courts have broad discretion under R.S. 13:4753 to approve or deny the petition based on the circumstances presented.
What If You Forgot to Include the Name Change in Your Louisiana Divorce Decree?
Spouses who did not include a name restoration request in their Louisiana divorce decree can still change their name through two methods: filing a post-judgment motion to amend the divorce decree or filing a standalone name change petition under R.S. 13:4751. The post-judgment motion is typically faster and less expensive, as the divorce court retains jurisdiction to amend its judgment to include the name confirmation under Art. 3947. Contact the clerk of court in the parish where the divorce was granted to inquire about the motion process and any associated filing fees.
If significant time has passed since the divorce or the divorce was granted in another state, the standalone petition under R.S. 13:4751 may be the more practical option. Louisiana residents who divorced in another state can file the name change petition in their current parish of residence. The $300 to $500 filing fee and 45-day to 3-month timeline apply regardless of where the divorce was originally granted.
Frequently Asked Questions
Can a husband change his name through a Louisiana divorce decree?
Yes. Since Acts 2021, No. 259, Section 2 amended La. C.C.P. Art. 3947 to use gender-neutral language, either spouse may request a name confirmation in Louisiana divorce proceedings. The amendment replaced "married woman" with "spouse" and "maiden name" with "birth certificate surname," giving husbands the same right to restore a prior name through the divorce decree at no additional cost.
Do you need a lawyer for a name change after divorce in Louisiana?
Louisiana does not require an attorney for a divorce-related name change. Free self-help petition forms are available through the Louisiana State Bar Association and the Louisiana Legal Navigator tool. However, the divorce decree path under Art. 3947 requires the name restoration language to be included in the divorce petition, which is typically prepared by the divorce attorney. The standalone petition under R.S. 13:4751 can be filed pro se.
How many certified copies of the divorce decree should you order?
Order 5 to 10 certified copies of the divorce decree containing the name change order from the parish clerk of court. Each certified copy costs $10 to $25 depending on the parish. You will need separate certified copies for the Social Security Administration, the Louisiana OMV, the U.S. State Department (passport), your bank, and your employer. Ordering multiple copies at once saves time and return trips to the courthouse.
Can you change your children's last name during a Louisiana divorce?
Changing a child's surname in Louisiana requires a separate petition under La. R.S. 13:4751 and is not included in the divorce decree name restoration process under Art. 3947. Both parents must consent to the child's name change, or the petitioning parent must demonstrate that the change serves the child's best interest. The court considers factors including the child's age, the relationship with each parent, and how long the child has used the current name. Filing fees of $300 to $500 apply.
Is newspaper publication required for a divorce-related name change in Louisiana?
Newspaper publication is not required when the name change is included in the divorce decree under La. C.C.P. Art. 3947. Publication is required for standalone name change petitions under R.S. 13:4751, typically costing $50 to $150 depending on the parish newspaper. Courts may waive publication in domestic violence cases where publishing the petitioner's information could create a safety risk.
Can you revert to your maiden name years after a Louisiana divorce?
Yes. There is no time limit for filing a standalone name change petition under La. R.S. 13:4751. The petition can be filed in the parish of current residence at any time after the divorce, regardless of how many years have passed. The $300 to $500 filing fee, newspaper publication requirement, and district attorney review process apply. Alternatively, if the divorce was granted in a Louisiana court, a post-judgment motion to amend the decree to include name restoration under Art. 3947 may be available.
What name change options does a Louisiana divorce decree allow?
La. C.C.P. Art. 3947 permits restoration to one of three specific names: the name the spouse was using at the time of the marriage, the surname on the spouse's birth certificate, or the surname of the spouse's minor children. No other name options are available through the divorce decree process. Spouses seeking a name not within these three categories must file a standalone petition under R.S. 13:4751.
How do you update your Louisiana voter registration after a name change?
Update your Louisiana voter registration by submitting a change-of-name form to the parish Registrar of Voters under La. R.S. 18:111. You may update in person at the Registrar's office, by mail, or through the Louisiana Secretary of State's online voter registration portal. Bring your updated driver's license or state ID reflecting the new name. The update is processed within 5 to 10 business days and is free of charge.
Can you change your name on a Louisiana birth certificate after divorce?
The divorce decree name restoration under Art. 3947 does not authorize changes to a Louisiana birth certificate. To amend a birth certificate, you must obtain a name change judgment through the standalone petition process under R.S. 13:4751, then submit a certified copy of the judgment to the Louisiana Vital Records Registry under R.S. 13:4754. The birth certificate amendment fee is $25 to $50, and processing takes 8 to 12 weeks.
What happens to professional licenses after a name change in Louisiana?
Louisiana professional licensing boards require notification of a legal name change within 30 to 90 days depending on the board. The Louisiana State Board of Medical Examiners, the Louisiana Supreme Court (for attorneys), the Louisiana State Board of Nursing, and the Louisiana Professional Engineering and Land Surveying Board each have their own name change procedures. Most boards require a certified copy of the divorce decree or name change judgment and an updated government-issued photo ID. Contact your specific licensing board for exact requirements and fees, which typically range from $0 to $50.