How to Change Your Name After Divorce in Massachusetts (2026 Guide)

A name change after divorce in Massachusetts costs nothing extra when requested in the original divorce complaint under M.G.L. c. 208, § 23. Massachusetts Probate and Family Court allows any divorcing spouse to resume a birth surname or prior married name as part of the divorce judgment at no additional cost beyond the $215 divorce filing fee. If the divorce is already final and did not include a name restoration, a separate name change petition under M.G.L. c. 210, § 12 costs $165 and takes approximately 6 to 12 weeks to process. As of November 25, 2025, all standalone name change petitions in Massachusetts are automatically impounded, meaning the filing is sealed from public inspection.

Key Facts: Name Change After Divorce in Massachusetts

How Does a Name Change After Divorce Work in Massachusetts?

Massachusetts law provides two distinct legal pathways for a name change after divorce, and the method a person chooses depends entirely on whether the divorce case is still pending or already finalized. Under M.G.L. c. 208, § 23, the Probate and Family Court granting a divorce may allow a spouse to resume a former surname as part of the divorce judgment itself, with no separate petition and no additional filing fee. If the divorce decree has already been issued without a name change provision, the person must file a standalone Petition to Change Name of Adult (Form CJP 27) under M.G.L. c. 210, § 12, which requires a $165 filing fee and a separate court proceeding.

The distinction between these two pathways matters for both cost and convenience. Requesting the name change within the divorce complaint saves $165 in filing fees, eliminates the need for a second court appearance, and consolidates the entire process into a single judgment. Massachusetts courts process approximately 25,000 divorce filings annually, and requesting a name restoration at the time of filing remains the most efficient approach for anyone considering a return to a maiden name or former surname.

What Are the Two Legal Pathways for a Divorce Name Change in Massachusetts?

Massachusetts offers two pathways for a divorce-related name change: inclusion in the divorce complaint at no extra cost under M.G.L. c. 208, § 23, or a separate petition costing $165 under M.G.L. c. 210, § 12. The first pathway is available only while the divorce is pending; the second is available at any time after the divorce is final.

The within-divorce pathway under M.G.L. c. 208, § 23 limits the name change to resuming a birth surname or a prior married name. Massachusetts courts do not permit a spouse to adopt an entirely new surname through the divorce proceeding. A person seeking a name that is neither a birth name nor a former legal name must file a separate petition under M.G.L. c. 210, § 12, even if the divorce is still pending.

How Do You Request a Name Change in Your Massachusetts Divorce Complaint?

To request a name change within a Massachusetts divorce, include the name restoration request directly in the Complaint for Divorce (Form CJD-101) or the Joint Petition for Divorce (Form CJD-101A) filed with the Probate and Family Court. The divorce filing fee is $215 total ($200 base fee plus $15 surcharge), and the name change request adds no additional cost. The court includes the name restoration in the final divorce judgment.

Massachusetts provides specific steps for requesting a name change within the divorce proceeding:

1. Obtain the correct divorce form from the Massachusetts Probate and Family Court. For a joint no-fault divorce, use Form CJD-101A under M.G.L. c. 208, § 1A. For a contested or individual filing, use Form CJD-101 under M.G.L. c. 208, § 1B.
2. Complete the section requesting resumption of a former name. Specify the exact name to be restored (maiden name or prior married name).
3. File the complaint with the Probate and Family Court in the county where either spouse resides. The filing fee is $215.
4. Attend the divorce hearing. For a 1A joint petition, the hearing is typically scheduled within 30 days of filing. For a 1B contested divorce, timelines vary by county but average 12 to 18 months.
5. The judge includes the name change in the divorce judgment. The judgment becomes the legal document authorizing the name change after the nisi period expires: 90 days for a 1A divorce or 120 days for a 1B divorce.

If a person missed the opportunity to request a name change in the original complaint, Massachusetts courts allow a Motion to be filed during the nisi period for a $100 filing fee. This motion must be filed before the divorce judgment becomes absolute.

How Do You File a Separate Name Change Petition After a Massachusetts Divorce?

A separate name change petition in Massachusetts costs $165 ($150 filing fee plus $15 surcharge) and is filed under M.G.L. c. 210, § 12 in the Probate and Family Court of the county where the petitioner resides. As of November 25, 2025, all name change petitions are automatically impounded under amended M.G.L. c. 210, § 13, eliminating the former requirement for newspaper publication.

The process for filing a standalone name change petition in Massachusetts after divorce involves the following steps:

1. Obtain Form CJP 27 (Petition to Change Name of Adult) from the Massachusetts Probate and Family Court website or the courthouse clerk.
2. Complete the petition with your current legal name, desired new name, reason for the change, and current address. The petition must be signed before a Notary Public with valid photo identification.
3. File the petition in person or electronically (eFiling adds a $22 convenience fee) at the Probate and Family Court in your county of residence. Pay the $165 filing fee ($150 plus $15 surcharge).
4. The court requests a report from the Commissioner of Probation as required under M.G.L. c. 210, § 13. This background check typically takes 2 to 4 weeks.
5. Attend the name change hearing. The court grants the petition unless the change is "inconsistent with public interests" as stated in M.G.L. c. 210, § 12.
6. Receive the certified court decree. Order multiple certified copies ($20 each) for updating government agencies, banks, and other institutions.

Massachusetts courts grant the vast majority of name change petitions. The standard for denial is narrow: the court must find the proposed name change is affirmatively inconsistent with public interests, such as an attempt to defraud creditors or evade law enforcement.

What Is the Massachusetts Residency Requirement for Filing a Divorce With a Name Change?

Massachusetts requires at least one spouse to have been a continuous resident of the Commonwealth for 12 months immediately before filing for divorce under M.G.L. c. 208, § 4. An exception exists when the grounds for divorce arose in Massachusetts and the couple previously lived together as spouses in the state, in which case one spouse must have been a resident when the cause of action arose but the 12-month waiting period does not apply.

The residency requirement applies only to the divorce filing itself, not to the name change component. A person who already has a final Massachusetts divorce decree can file a separate name change petition under M.G.L. c. 210, § 12 by filing in the Probate and Family Court of the county where they currently reside. Massachusetts does not impose a separate residency requirement specifically for standalone name change petitions, though the petitioner must be a current resident of the county where the petition is filed.

Venue rules under M.G.L. c. 208, § 6 require filing in the Probate and Family Court of the county where either spouse lives. If one spouse still lives in the county where the couple last lived together, the case proceeds in that county.

What Documents Do You Need to Update After a Massachusetts Divorce Name Change?

After receiving a divorce decree or court order authorizing a name change in Massachusetts, the person must update government-issued identification, financial accounts, and professional records. The Social Security Administration should be updated first because other agencies verify names against SSA records. Updating a Social Security card is free and takes 2 to 3 weeks, while a Massachusetts driver's license amendment costs $25 at an RMV Service Center.

The following documents and accounts require updating after a name change in Massachusetts, listed in recommended order:

1. Social Security Card: Visit a local SSA office with the certified divorce decree or court-issued name change order. No fee applies. A new card arrives in 2 to 3 weeks, and the Social Security number remains unchanged.
2. Massachusetts Driver's License or ID Card: Visit an RMV Service Center in person (appointment required) with the divorce decree or court order and the updated Social Security card. The amendment fee is $25. For a REAL ID-compliant license, documentation proving the legal name change (divorce decree or court order) is mandatory.
3. U.S. Passport: Submit Form DS-82 (renewal) or DS-11 (new application) with the certified divorce decree or court order. The adult passport renewal fee is $130 by mail. If the current passport was issued within the past year, Form DS-5504 allows a free correction by mail.
4. Bank Accounts and Credit Cards: Contact each financial institution with a certified copy of the divorce decree or name change order. Most banks require an in-person visit with photo ID.
5. Employer and Payroll Records: Submit the updated Social Security card and a copy of the divorce decree or court order to the human resources department.
6. Insurance Policies: Contact health, auto, life, and homeowner's insurance providers with the court order.
7. Voter Registration: Update through the Massachusetts Secretary of State's online portal or at a local city or town clerk's office. No fee applies.
8. Professional Licenses: Contact the relevant Massachusetts licensing board with the court order. Processing times and fees vary by profession.

Massachusetts residents should order at least 5 to 10 certified copies of the divorce decree or name change order, as many institutions require original certified documents rather than photocopies. Certified copies cost approximately $20 each from the Probate and Family Court clerk.

How Much Does a Name Change After Divorce Cost in Massachusetts?

A name change after divorce in Massachusetts costs $0 additional when included in the divorce complaint, which itself costs $215 to file ($200 base fee plus $15 surcharge). A separate name change petition after divorce costs $165 ($150 plus $15 surcharge). Additional costs include certified copies of the court order at approximately $20 each, the RMV license amendment fee of $25, and a passport renewal fee of $130.

As of March 2026. Verify current fees with your local Probate and Family Court clerk or at mass.gov.

The total out-of-pocket cost for a name change after divorce in Massachusetts ranges from approximately $25 (if included in divorce, updating only a license) to $400 or more (if filing a separate petition, ordering multiple certified copies, and renewing a passport). Fee waivers are available for individuals who meet Massachusetts indigency requirements under Supplement to Rule 3A of the Supplemental Rules of Civil Procedure.

What Changed in Massachusetts Name Change Law in 2025?

Massachusetts enacted significant changes to name change procedures effective November 25, 2025. Amendments to M.G.L. c. 210, § 13 eliminated the default requirement for newspaper publication of name change petitions and established automatic impoundment (sealing) of all name change filings. These changes apply to standalone name change petitions filed on or after November 25, 2025, but do not affect name changes requested within divorce proceedings.

Before the November 2025 amendments, Massachusetts courts could require petitioners to publish notice of the proposed name change in a local newspaper unless they demonstrated "good cause" for waiver. Publication costs ranged from $50 to $200 depending on the newspaper. The elimination of this requirement reduces both the cost and the privacy concerns associated with a legal name change in Massachusetts. The automatic impoundment provision ensures that name change petitions are sealed from public inspection, protecting petitioners from potential safety risks, identity theft, and unwanted disclosure of personal information.

These reforms align Massachusetts with a growing national trend toward greater privacy protection in name change proceedings. The changes are particularly significant for domestic violence survivors, transgender individuals, and anyone with legitimate safety concerns about public disclosure of a name change.

Can You Change to an Entirely New Name Through a Massachusetts Divorce?

Massachusetts divorce proceedings do not permit a spouse to adopt an entirely new name. Under M.G.L. c. 208, § 23, the Probate and Family Court granting a divorce may only allow a spouse to "resume" a maiden name or the surname of a former husband. This language limits the within-divorce name change to names the person has previously held legally.

A person seeking an entirely new name that is neither a birth surname nor a prior married name must file a separate petition under M.G.L. c. 210, § 12, which permits a change to any name unless the court finds the change "inconsistent with public interests." The separate petition costs $165 and can be filed concurrently with or after the divorce proceeding. The broader scope of M.G.L. c. 210, § 12 makes it the appropriate vehicle for anyone seeking a name that falls outside the restoration options available under the divorce statute.

Frequently Asked Questions

Is there a deadline to request a name change in a Massachusetts divorce?

Massachusetts does not impose a strict deadline for requesting a name change within a divorce proceeding, but the request must be included in the complaint or filed as a motion before the nisi period expires. For a 1A joint divorce, the nisi period is 90 days after the judgment. For a 1B contested divorce, the nisi period is 120 days. After the divorce becomes absolute, a separate $165 petition under M.G.L. c. 210, § 12 is required.

Do men have the same right to a divorce name change in Massachusetts?

The text of M.G.L. c. 208, § 23 historically referenced allowing "a woman" to resume a former name. However, Massachusetts courts have applied equal protection principles to extend this right to all spouses regardless of gender. Any spouse who adopted the other's surname during the marriage may request restoration of a prior legal name as part of the divorce judgment.

How long does a separate name change petition take in Massachusetts?

A standalone name change petition in Massachusetts typically takes 6 to 12 weeks from filing to final court order. The timeline includes 2 to 4 weeks for the Commissioner of Probation to complete the required background report under M.G.L. c. 210, § 13, followed by scheduling and attending a hearing. Court calendars vary by county, with Suffolk County (Boston) often experiencing longer wait times than less populated counties.

Can a name change petition be denied in Massachusetts?

Massachusetts courts grant the vast majority of name change petitions. Under M.G.L. c. 210, § 12, a name change must be granted unless it is "inconsistent with public interests." Courts have interpreted this narrowly to cover situations involving fraud, evasion of criminal liability, or interference with the rights of others. A straightforward request to resume a maiden name or adopt a new surname after divorce faces virtually no risk of denial.

Do you need to publish a name change in a Massachusetts newspaper?

No. As of November 25, 2025, Massachusetts eliminated the default newspaper publication requirement for name change petitions. Under amended M.G.L. c. 210, § 13, all name change petitions are automatically impounded (sealed from public inspection). This change saves petitioners $50 to $200 in former publication costs and provides greater privacy protection.

Can you change your children's last name during a Massachusetts divorce?

Changing a child's surname requires a separate petition under M.G.L. c. 210, § 12 and is not automatically included in a divorce judgment. Both parents must consent, or the petitioning parent must demonstrate that the name change serves the child's best interests. The filing fee is $165 per petition. Massachusetts courts consider factors including the child's preference (if of sufficient age), the strength of the parent-child relationship, and the potential for embarrassment or confusion.

What if you lost your divorce decree and need proof of a name change?

Certified copies of a Massachusetts divorce decree can be obtained from the Probate and Family Court where the divorce was granted. The fee is approximately $20 per certified copy. Alternatively, the Massachusetts Registry of Vital Records and Statistics maintains divorce records and can issue certified abstracts. Requests can be submitted online, by mail, or in person. Processing times range from 3 to 10 business days depending on the method.

Does a Massachusetts name change affect child custody or support orders?

A name change after divorce in Massachusetts has no legal effect on existing child custody arrangements, parenting plans, or child support orders. These orders remain in full force under the original case number regardless of either parent's name change. However, the parent who changes their name should notify the Probate and Family Court, the Department of Revenue Child Support Enforcement Division, and the other parent to ensure administrative records remain accurate.

Can you change your name back after remarriage without going through court in Massachusetts?

Massachusetts does not provide an automatic non-judicial name change upon remarriage. A person who adopted a spouse's surname during a previous marriage and now wishes to resume that name (or another former name) must either include the request in a new divorce complaint or file a separate petition under M.G.L. c. 210, § 12. Social custom of adopting a new spouse's surname at remarriage is handled through the marriage certificate process, not through the courts.

Where do you file a name change petition in Massachusetts?

File in the Probate and Family Court of the county where you currently reside. Massachusetts has 14 Probate and Family Court divisions corresponding to its 14 counties. For example, a resident of Boston files in Suffolk County Probate and Family Court, while a resident of Worcester files in Worcester County Probate and Family Court. Court locations, hours, and contact information are available at mass.gov. eFiling is available through the Massachusetts eCourts system for a $22 convenience fee in addition to the $165 filing fee.