Maryland law provides a streamlined, no-cost process to restore your former name during or after divorce under Md. Code, Fam. Law § 7-105. A name change after divorce in Maryland can be requested directly in the divorce decree at no additional cost, filed as a free motion within 18 months of the final decree using Form CC-DR-097, or pursued through a standalone $165 petition after the 18-month window closes. No newspaper publication is required for any of these paths. Maryland is one of the most efficient states for post-divorce name restoration, with the entire process taking as little as 0 additional days when included in the original divorce filing.
Key Facts: Name Change After Divorce in Maryland
| Item | Detail |
|---|---|
| Governing Statute | Md. Code, Fam. Law § 7-105 |
| Filing Fee (In Divorce Decree) | $0 (included in divorce filing) |
| Filing Fee (Motion Within 18 Months) | $0 |
| Filing Fee (Standalone Petition) | $165 |
| Time Limit for Free Motion | 18 months after final decree |
| Publication Requirement | None |
| Residency Requirement | 6 months (if grounds arose outside MD) |
| Court Form (Motion) | CC-DR-097 |
| Court Form (Standalone) | CC-DR-060 |
| Courts | 24 Circuit Courts (23 counties + Baltimore City) |
What Are the 3 Ways to Change Your Name After Divorce in Maryland?
Maryland provides 3 distinct legal paths for a name change after divorce, ranging from no cost and no extra paperwork to a $165 standalone petition with a 30-day waiting period. The best option depends entirely on your divorce timeline under Md. Code, Fam. Law § 7-105.
Path 1: Request Name Restoration in the Divorce Decree
The simplest and most cost-effective method is to include the name restoration request directly in your Complaint for Absolute Divorce. Maryland circuit court judges routinely ask at the final hearing whether a party wishes to resume a former name. When included in the decree, there is no additional filing fee, no separate motion, and no waiting period beyond the divorce timeline itself. The final decree serves as the legal document authorizing the name change, and you can immediately begin updating your identification documents. Approximately 70% of divorce-related name changes in Maryland are handled through this method because it requires zero additional court appearances.
To use this path, simply check the name restoration box on your divorce complaint or inform the judge at your hearing that you wish to resume your birth name or another former name. The court will include the name change order in the final decree of absolute divorce.
Path 2: File a Motion Within 18 Months (Form CC-DR-097)
If you did not request a name change during your divorce proceedings, Md. Code, Fam. Law § 7-105 grants an 18-month window after the final decree to file a Motion for Restoration of Former Name using Form CC-DR-097. This motion is filed in the same circuit court and under the same case number as the original divorce. Maryland charges no additional filing fee for this motion, and no newspaper publication is required. The court processes the motion without the procedural requirements of Maryland Rule 15-901, making the 18-month post-decree window significantly faster than a standalone petition.
Form CC-DR-097 is available for download from the Maryland Courts website. The motion requires your divorce case number, the name you wish to restore, and a certification that the request is not for any illegal, fraudulent, or immoral purpose. The court typically grants the motion without a formal hearing.
Path 3: File a Standalone Petition After 18 Months (Form CC-DR-060)
Once the 18-month window under Fam. Law § 7-105 expires, you must file a separate Petition for Change of Name of an Adult using Form CC-DR-060 in the circuit court of the county where you reside. This petition carries a $165 filing fee, and the court cannot enter an order until at least 30 days after filing to allow for potential objections. Maryland no longer requires newspaper publication for name change petitions following recent legislative reforms, but the standalone process still takes longer and costs more than the divorce-based paths.
The petition must be filed under oath and include your full current legal name, address, date and place of birth, the desired new name, all reasons for the change, and a certification that the request is not fraudulent. You must attach a copy of your birth certificate or other documentary evidence of your current legal name. The court may rule on the petition without holding a hearing, but it cannot deny the petition without one.
What Are the Requirements for Name Restoration in a Maryland Divorce?
Maryland requires 3 conditions for divorce-related name restoration under Fam. Law § 7-105: the party took a new name upon marriage, the party no longer wishes to use the married name, and the purpose is not illegal, fraudulent, or immoral. There is no requirement to prove hardship, obtain spousal consent, or demonstrate any specific reason beyond these 3 statutory conditions.
The name you restore must be a name you actually used in the past. This includes your birth name or any other former legal name. Maryland courts interpret "former name" broadly to include maiden names, names from prior marriages, or any previously used legal name. If you wish to adopt an entirely new name that you have never used before, you must use the standalone petition process under Maryland Rule 15-901 regardless of whether you are currently divorcing.
Maryland does not impose a minimum age requirement beyond the age of majority (18 years) for name restoration in divorce. Both parties to the divorce may request name restoration simultaneously, and the court is required by statute to grant the request if the 3 conditions are met. The word "shall" in Fam. Law § 7-105 means the court has no discretion to deny a qualifying request.
How Much Does a Name Change After Divorce Cost in Maryland?
The total cost of a name change after divorce in Maryland ranges from $0 to $365 or more depending on the method used and the number of identification documents requiring updates. The court-related costs are the smallest component; government agency fees for new identification documents typically exceed the court filing fee.
| Cost Component | Path 1 (In Decree) | Path 2 (18-Month Motion) | Path 3 (Standalone) |
|---|---|---|---|
| Court Filing Fee | $0 | $0 | $165 |
| Certified Copies of Order (2-3) | $6-$18 | $6-$18 | $6-$18 |
| New Social Security Card | $0 | $0 | $0 |
| New Maryland Driver's License | $48 | $48 | $48 |
| New U.S. Passport (Renewal) | $130 | $130 | $130 |
| New U.S. Passport (New Application) | $165 | $165 | $165 |
| Estimated Total Range | $54-$196 | $54-$196 | $219-$361 |
As of March 2026. Verify with your local clerk.
Certified copies of the divorce decree or name change order typically cost $6 per copy in Maryland circuit courts, and you should order at least 2-3 certified copies for use with the Social Security Administration, the Maryland Motor Vehicle Administration, and your bank. Fee waivers are available for court costs using Form CC-DC-089 if your household income falls below 125% of the federal poverty level.
What Documents Do You Need to Update After a Maryland Divorce Name Change?
After receiving your court order restoring your former name, you must update your legal identity with at least 8-10 government agencies and private institutions in a specific sequence. The Social Security Administration must be updated first because all other agencies verify your identity through SSA records. Failing to follow the correct order can delay the process by 2-4 weeks at each step.
Step 1: Social Security Administration (First Priority)
Visit your local SSA office with a completed Form SS-5 (Application for a Social Security Card), your certified divorce decree or court order showing the name change, and a valid photo ID. Processing takes 10-14 business days, and a new Social Security card is issued at no charge. You will receive a receipt confirming the name update, which you can use immediately for subsequent steps. Maryland has 12 SSA field offices.
Step 2: Maryland Motor Vehicle Administration (Within 30 Days)
Maryland law requires you to update your driver's license or state ID within 30 days of any legal name change. Visit any MVA branch office with your current license, certified divorce decree or court order, and proof of your updated Social Security record. The replacement license fee is $48 for a REAL ID-compliant license. MVA offices are located in all 24 Maryland jurisdictions.
Step 3: U.S. Passport
Submit Form DS-82 (renewal) or Form DS-11 (new application) to the U.S. Department of State along with your certified divorce decree and current passport. Renewal costs $130 for a passport book. Standard processing takes 6-8 weeks; expedited processing costs an additional $60 and takes 2-3 weeks.
Step 4: Financial Institutions and Remaining Records
After updating your 3 primary government documents (SSA, MVA, passport), update the following records with a certified copy of your divorce decree or name change order:
- Bank and credit card accounts
- Employer payroll and benefits records
- Health, auto, and homeowner's insurance policies
- Maryland voter registration (Maryland State Board of Elections)
- IRS records (updated automatically when you file taxes with your new SSA-registered name)
- Mortgage and property deed records
- Professional licenses and certifications
- Utility accounts
- U.S. Postal Service records
What Is the Deadline to Change Your Name After Divorce in Maryland?
The critical deadline for a free name change after divorce in Maryland is 18 months from the date the final decree of absolute divorce is entered. Under Md. Code, Fam. Law § 7-105, any motion for name restoration filed within this 18-month window incurs no filing fee and bypasses the procedural requirements of Maryland Rule 15-901. After 18 months, you must file a standalone petition with a $165 filing fee and a 30-day waiting period.
There is no outer deadline to change your name after divorce in Maryland. You can file a standalone petition at any time, whether it has been 2 years or 20 years since your divorce. The 18-month deadline only affects which process you must use and how much it costs. Maryland courts have granted name restoration petitions decades after the original divorce, provided the petitioner meets the standard requirements and pays the $165 filing fee.
To calculate your deadline: locate the date on your final decree of absolute divorce (not the date you filed for divorce or the date of separation) and add 18 months. For example, if your decree was entered on January 15, 2026, your deadline to file the free motion is July 15, 2027.
Does Maryland Require Newspaper Publication for a Divorce Name Change?
Maryland does not require newspaper publication for any type of name change, including divorce-related name restoration. Divorce-based name changes under Fam. Law § 7-105 have never required publication because the statute explicitly exempts them from the procedures of Maryland Rule 15-901. For standalone name change petitions, Maryland eliminated the newspaper publication requirement through legislative reform, and under Md. Code, Cts. & Jud. Proc. § 3-2201, the court shall waive publication on motion.
This reform significantly reduced the cost and complexity of Maryland name changes. Previously, petitioners had to pay $50-$150 for newspaper publication and wait for the notice period to run. The elimination of this requirement saves both time and money, making Maryland one of the more streamlined states for post-divorce name changes.
What Is the Difference Between Name Restoration and a New Name Change in Maryland?
Name restoration under Fam. Law § 7-105 allows you to return to a previously used legal name at no cost, while a new name change under Maryland Rule 15-901 allows you to adopt any name for $165. The distinction determines which court form you file, how much you pay, and how long the process takes.
| Factor | Name Restoration (§ 7-105) | New Name Change (Rule 15-901) |
|---|---|---|
| Eligible Names | Birth name or any former name | Any name (including never-used names) |
| Court Form | CC-DR-097 (within 18 months) | CC-DR-060 |
| Filing Fee | $0 | $165 |
| Publication Required | No | No (waived under § 3-2201) |
| Waiting Period | None | 30 days minimum |
| Time Limit | 18 months after decree | No time limit |
| Hearing Required | Typically not required | Court may rule without hearing |
| Venue | Same court as divorce | Circuit court where you reside |
A common scenario where this distinction matters: if you were married twice and want to return to the name from your first marriage (not your birth name), you can use the free restoration process under § 7-105 because that name qualifies as a "former name." However, if you want to adopt a completely new surname that you have never legally used, you must file the standalone $165 petition regardless of your divorce status.
Can You Change Your Children's Last Name During a Maryland Divorce?
Changing a child's last name in Maryland requires a separate petition and, in most cases, the consent of both parents. A child's name change cannot be included in the parent's divorce decree name restoration under Fam. Law § 7-105, which applies only to the divorcing parties themselves. The filing fee for a child's name change petition is $165, the same as an adult standalone petition.
To change a minor child's name in Maryland, you must file a Petition for Change of Name of a Minor (Form CC-DR-062) in the circuit court. If both parents consent, the petition is typically granted after the 30-day waiting period. If one parent objects, the court applies a "best interest of the child" standard, considering factors such as the length of time the child has used the current name, the effect of the change on the parent-child relationship, and the child's preference if the child is old enough to express one. Maryland courts generally require strong justification to change a child's name over the objection of a parent.
How Long Does a Name Change After Divorce Take in Maryland?
A name change after divorce in Maryland takes anywhere from 0 additional days (when included in the divorce decree) to 30-45 days (for a standalone petition). The court processing time varies by county, but Maryland's 24 circuit courts generally process name-related motions within 2-4 weeks of filing. The full process of updating all government identification documents adds an additional 4-8 weeks after receiving the court order.
| Method | Court Processing Time | Total Time (Including ID Updates) |
|---|---|---|
| In Divorce Decree | 0 additional days | 4-8 weeks for ID updates |
| 18-Month Motion (CC-DR-097) | 2-4 weeks | 6-12 weeks total |
| Standalone Petition (CC-DR-060) | 30-45 days minimum | 10-14 weeks total |
The longest component is typically the U.S. passport renewal, which takes 6-8 weeks for standard processing. Maryland MVA license replacements are issued same-day at branch offices, and Social Security card replacements arrive by mail within 10-14 business days.
Where Do You File for a Name Change After Divorce in Maryland?
You file for a name change after divorce in Maryland at the circuit court for the county where either spouse resides, or where the divorce was originally filed. Maryland has 24 circuit courts organized into 8 judicial circuits, covering 23 counties plus Baltimore City. For divorce-related name restoration (Path 1 or Path 2), you file in the same court and under the same case number as your original divorce. For standalone petitions (Path 3), you file in the circuit court for the county where you currently reside.
Maryland circuit courts offer family law self-help centers with free assistance for name change filings. The Maryland Courts Help Center can be reached at 410-260-1392 for procedural questions. Court forms CC-DR-097 and CC-DR-060 are available for free download from the Maryland Courts website.
Frequently Asked Questions
Can I change my name back to my maiden name during the divorce in Maryland?
Yes. Maryland law under Fam. Law § 7-105 allows you to request restoration of your maiden name (birth name) directly in the divorce decree at no additional cost. Simply include the request in your Complaint for Absolute Divorce or inform the judge at your final hearing. The court is required by statute to grant the request if it is not for an illegal or fraudulent purpose.
What if I forgot to request a name change during my Maryland divorce?
You have 18 months after the final decree to file a free Motion for Restoration of Former Name (Form CC-DR-097) in the same court. No additional filing fee is required, and no publication is necessary. After the 18-month window, you must file a standalone Petition for Change of Name (Form CC-DR-060) with a $165 filing fee and a 30-day waiting period.
Does my ex-spouse have to agree to my name change in Maryland?
No. Maryland does not require spousal consent for a name change after divorce. Under Fam. Law § 7-105, the only requirements are that you took a new name upon marriage, you no longer wish to use it, and the purpose is not illegal, fraudulent, or immoral. Your former spouse has no legal authority to prevent you from restoring your former name.
How do I get a certified copy of my divorce decree for a name change in Maryland?
Contact the clerk of the circuit court where your divorce was finalized. Certified copies cost approximately $6 per copy in Maryland. You should request at least 2-3 certified copies for the Social Security Administration, Maryland MVA, and your financial institutions. Most clerks accept requests by mail, in person, or through the Maryland Case Search system.
Can I change my name to something entirely new during a Maryland divorce?
Fam. Law § 7-105 only permits restoration of a former name (birth name or any previously used legal name). If you want an entirely new name you have never used before, you must file a separate Petition for Change of Name (Form CC-DR-060) with a $165 filing fee. This standalone petition is filed in the circuit court of the county where you reside and has a 30-day waiting period.
Is a name change after divorce in Maryland permanent?
Yes. A court-ordered name restoration under Fam. Law § 7-105 is a permanent legal name change. You are not required to change your name back if you remarry, and the restoration does not expire. If you wish to change your name again in the future (for any reason), you would need to file a new petition under Maryland Rule 15-901 with a $165 filing fee.
Do I need a lawyer to change my name after divorce in Maryland?
No. Maryland's name change after divorce process is designed for self-represented litigants. Form CC-DR-097 (18-month motion) and Form CC-DR-060 (standalone petition) are available for free from the Maryland Courts website. Maryland circuit courts also operate family law self-help centers that provide free assistance with completing and filing name change forms. The process typically requires 1-2 court visits.
How do I update my Maryland driver's license after a divorce name change?
Visit any Maryland MVA branch office within 30 days of your court-ordered name change. Bring your current license, certified divorce decree or name change order, and proof of your updated Social Security record. The replacement fee is $48 for a REAL ID-compliant license. MVA issues the new license same-day at the branch office. You can find your nearest MVA location at the Maryland MVA website.
Can I change my name if my divorce was finalized in another state?
If you now reside in Maryland but your divorce was finalized in another state, you cannot use the Fam. Law § 7-105 motion process. Instead, you must file a standalone Petition for Change of Name (Form CC-DR-060) in the Maryland circuit court for the county where you reside, with the $165 filing fee. Bring your certified out-of-state divorce decree as supporting documentation. Alternatively, you may be able to file a motion in the state where the divorce was granted if that state has a similar post-decree name restoration process.
What happens if someone objects to my name change in Maryland?
Objections to standalone name change petitions (Form CC-DR-060) must be filed within the time specified in the court notice and must be supported by an affidavit. You have 15 days to respond to any objection. The court cannot deny the petition without holding a hearing. For divorce-based name restorations under Fam. Law § 7-105, objections are extremely rare because the statute requires the court to grant the request if the 3 statutory conditions are met.