Mississippi allows a divorcing spouse to restore a former or maiden name directly within the divorce decree at no additional cost, making it the fastest and most affordable path to a name change after divorce in Mississippi. If the divorce decree did not include a name restoration provision, a separate petition must be filed in chancery court under Miss. Code Ann. § 93-17-1, with a filing fee of approximately $148 and an additional $50 to $150 for required newspaper publication. Mississippi chancery courts have exclusive jurisdiction over both divorce proceedings and standalone name change petitions, and no attorney is required for either process.
Key Facts: Name Change After Divorce in Mississippi
| Item | Details |
|---|---|
| Governing Statutes | Miss. Code Ann. § 93-5-1, § 93-5-2, § 93-17-1 |
| Filing Fee (Separate Petition) | $148 to $153, varies by county |
| Publication Cost | $50 to $150 (newspaper notice) |
| Divorce Residency Requirement | 6 months bona fide residency (§ 93-5-5) |
| Divorce Waiting Period | 60 days (irreconcilable differences only) |
| Court Jurisdiction | Chancery court in county of residence |
| Attorney Required | No (pro se filing permitted) |
| Publication Required | Yes, for standalone petitions; no, if included in divorce decree |
| SSA Card Update Timeline | Approximately 14 business days |
| Driver License Update Fee | $11 to $24 at Mississippi DPS |
How Does Name Restoration Work in a Mississippi Divorce Decree?
Mississippi courts can restore a former or maiden name directly within the final divorce decree, eliminating the need for a separate petition, filing fee, or newspaper publication. Under Miss. Code Ann. § 93-5-1 and § 93-5-2, the petitioning spouse must explicitly request name restoration in the divorce complaint or marital settlement agreement. The chancery court judge then includes the name change order as part of the final judgment of divorce, and the certified decree serves as the legal proof of name change for all federal and state agencies.
This method costs $0 beyond the existing divorce filing fees because the name restoration is bundled into the divorce proceeding. There is no separate publication requirement, no additional court hearing, and no waiting period beyond the standard 60-day period required for irreconcilable-differences divorces under Miss. Code Ann. § 93-5-2. For fault-based divorces filed under Miss. Code Ann. § 93-5-1, there is no statutory waiting period at all, though the responding spouse receives at least 30 days to answer after service.
To ensure the divorce decree is effective as a name change document, the decree must specifically state the full former name being restored. A decree that merely grants the divorce without mentioning the name restoration cannot be used to update identification documents. The petitioner should verify the exact language with the chancery clerk before the decree is finalized.
What Is the Separate Petition Process Under Miss. Code Ann. § 93-17-1?
Mississippi residents who did not include name restoration in their divorce decree must file a separate Petition for Change of Name in chancery court under Miss. Code Ann. § 93-17-1, with a filing fee of approximately $148 to $153 depending on the county. This petition is filed in the chancery court of the county where the petitioner resides, and the court reviews the request to confirm it serves the petitioner's interest and the public interest. No attorney is required, and the entire process typically takes 30 to 90 days from filing to final order.
The step-by-step process for a standalone name change petition in Mississippi is:
- Prepare the Petition for Change of Name, including the current legal name, desired former or maiden name, the reason for the change (divorce-related name restoration), and a statement that no outstanding judgments exist against the petitioner under the current name
- Complete the Mississippi Civil Cover Sheet (Form AOC/01) and attach it to the front of the petition packet
- Have the petition notarized before filing, as Mississippi chancery courts require notarized petitions for name changes
- File the petition with the chancery clerk in the county of residence and pay the filing fee of approximately $148 to $153
- Publish notice in a newspaper of general circulation in the filing county at least 21 days before the scheduled hearing date, at a cost of $50 to $150
- Obtain the affidavit of publication from the newspaper and file it with the chancery clerk as proof of compliance
- Attend the court hearing if required by the judge, though some Mississippi chancery courts authorize the name change without a personal appearance when no objections are filed
- Receive the Name Change Order from the court and obtain certified copies for updating identification documents
As of March 2026, filing fees vary by county. Verify the exact fee with your local chancery clerk before filing. Petitioners who cannot afford the filing fee may submit a pauper's affidavit requesting a fee waiver, which the court may grant based on financial circumstances.
What Are the Mississippi Residency Requirements for Divorce and Name Change?
Mississippi requires at least one spouse to be an actual bona fide resident of the state for a minimum of 6 months immediately preceding the filing of a divorce complaint under Miss. Code Ann. § 93-5-5. If a court determines that residency was established solely to obtain a divorce, the court must dismiss the case entirely. Armed services members stationed in Mississippi who resided in the state at the time of separation qualify as bona fide residents for divorce purposes.
For a standalone name change petition under Miss. Code Ann. § 93-17-1, the petitioner must reside in the county where the petition is filed. Mississippi chancery courts have jurisdiction over name change petitions filed by residents of their county. There is no separate minimum residency duration specified for standalone name change petitions, but the petitioner must demonstrate current county residency at the time of filing.
The 6-month residency requirement applies to the divorce itself, not to the name restoration request within the divorce. If a spouse meets the residency threshold to file for divorce, the name restoration request is automatically within the court's jurisdiction.
How Much Does a Name Change After Divorce Cost in Mississippi?
A name change after divorce in Mississippi costs $0 additional if included in the divorce decree, or approximately $198 to $303 total if pursued through a separate petition ($148 to $153 filing fee plus $50 to $150 publication costs). Additional expenses include certified copies of the court order at $1 to $5 per page from the chancery clerk, plus fees for updating identification documents at federal and state agencies.
| Cost Item | In Divorce Decree | Separate Petition |
|---|---|---|
| Court Filing Fee | $0 (included in divorce) | $148 to $153 |
| Newspaper Publication | Not required | $50 to $150 |
| Notarization | Not required | $5 to $15 |
| Certified Copies | $1 to $5 per page | $1 to $5 per page |
| SSA Card Update | Free | Free |
| Mississippi Driver License | $11 to $24 | $11 to $24 |
| U.S. Passport (DS-82 renewal) | $130 to $160 | $130 to $160 |
| Total Estimated Cost | $142 to $189 | $345 to $507 |
As of March 2026. Verify current fees with your local chancery clerk and the relevant federal agencies. Mississippi chancery courts may grant fee waivers for petitioners who demonstrate financial hardship through a pauper's affidavit.
What Documents Are Needed for a Name Change After Divorce in Mississippi?
Mississippi requires a certified copy of the divorce decree containing the name restoration order, or a certified copy of the standalone Name Change Order from chancery court, as the primary legal document proving the name change. Each agency that processes the name update requires the original or certified copy of this document along with additional supporting identification. Photocopies and uncertified documents are not accepted by federal agencies or Mississippi DPS.
The documents needed vary by agency:
For Social Security Administration (first agency to update):
- Completed Form SS-5 (Application for a Social Security Card)
- Certified divorce decree or court order showing the name change
- Proof of U.S. citizenship (U.S. passport or birth certificate)
- Current government-issued photo identification
- Current Social Security card
For Mississippi Department of Public Safety (driver license):
- Certified divorce decree or court order
- Original or certified birth certificate (no photocopies accepted)
- Updated Social Security card reflecting the new name
- Two proofs of Mississippi residency (utility bill, bank statement, lease agreement)
For U.S. Department of State (passport):
- Form DS-82 (if current passport was issued more than 1 year ago) or Form DS-5504 (if issued less than 1 year ago)
- Current U.S. passport
- Certified divorce decree or court order that specifically declares the individual may resume use of the former name
The certified divorce decree must bear the official seal of the issuing chancery court. Mississippi DPS only accepts marriage licenses, divorce decrees, adoption orders, or court orders as legal documentation for name changes on driver licenses under Mississippi DPS regulations.
What Is the Step-by-Step Process for Updating Your Name on Government Documents?
After obtaining a certified divorce decree with name restoration or a standalone Name Change Order, Mississippi residents must update government documents in a specific sequence, starting with the Social Security Administration, then Mississippi DPS, and finally the U.S. Department of State. The entire document update process takes approximately 4 to 8 weeks when completed in the correct order, because each agency verifies against the previous agency's records.
Step 1: Update Social Security Card (Week 1 to 3) Complete Form SS-5 online at ssa.gov, then bring original documents to the nearest Mississippi Social Security office within 45 calendar days. The SSA processes the name change and mails a new Social Security card within approximately 14 business days. This service is free. The SSA must be updated first because the Mississippi DPS and U.S. passport agencies verify names against SSA records.
Step 2: Update Mississippi Driver License (Week 3 to 5) Visit a Mississippi DPS office in person with the certified divorce decree or court order, updated Social Security card, original birth certificate, and two proofs of residency. The fee is $11 to $24 for a replacement license. Mississippi DPS offices can be located through the Driver Service Bureau website or by calling (601) 487-7028.
Step 3: Update U.S. Passport (Week 4 to 8) Submit Form DS-82 (standard renewal) with the current passport and certified divorce decree by mail. Standard processing takes 6 to 8 weeks and costs $130 for a passport book or $160 for both book and card. Expedited processing costs an additional $60 and reduces the timeline to 2 to 3 weeks. If the passport was issued less than 1 year ago, use Form DS-5504 instead, which is free for routine processing.
Step 4: Update Remaining Records After completing the three primary document updates, notify the following entities of the name change: banks and financial institutions, credit card companies, health and life insurance providers, employer and human resources department, voter registration (county circuit clerk), IRS (reflected automatically on next tax return using updated SSA records), utility companies, professional licensing boards, and the United States Postal Service.
Does Mississippi Require Newspaper Publication for a Divorce Name Change?
Mississippi requires newspaper publication only for standalone name change petitions filed under Miss. Code Ann. § 93-17-1, not for name restorations included in a divorce decree. The publication must appear at least once in a newspaper of general circulation within the county where the petition is filed, no fewer than 21 days before the scheduled hearing date. Publication costs range from $50 to $150 depending on the newspaper and county.
The published notice must include the petitioner's current legal name, the proposed new name, and the chancery court where the petition was filed. After the notice runs, the newspaper provides an affidavit of publication that the petitioner must file with the chancery clerk as proof of compliance before the court hearing. If publication is not completed or filed, the court cannot proceed with the name change hearing.
This publication requirement is one of the primary reasons that including the name restoration in the original divorce decree is the preferred approach. By requesting name restoration in the divorce complaint, the petitioner avoids both the $148 to $153 filing fee and the $50 to $150 publication cost, saving approximately $198 to $303 total.
Can You Change Your Children's Last Name During a Mississippi Divorce?
Mississippi courts treat a child's name change separately from a parent's name restoration, and changing a minor child's surname requires either the consent of both parents or a court finding that the name change serves the child's best interest. A parent's decision to restore a maiden name in a divorce decree does not automatically change the children's surnames. Under Mississippi law, both parents have legal standing to object to a proposed name change for a minor child, and the chancery court must consider the child's best interest before approving any modification.
To change a minor child's name in Mississippi, the petitioning parent must file a separate petition under Miss. Code Ann. § 93-17-1 in the chancery court of the child's county of residence. If the non-petitioning parent consents, the process is straightforward and typically completed within 30 to 60 days. If the non-petitioning parent objects, the court conducts a hearing to evaluate factors including the length of time the child has used the current name, the strength of the parent-child relationship with each parent, the child's preference if old enough to express one, and potential confusion or embarrassment caused by a different surname than the custodial parent.
The filing fee for a minor child's name change petition is the same as an adult petition, approximately $148 to $153, and the publication requirement applies. Each child requires a separate petition and filing fee.
What Recent Changes Affect Name Changes in Mississippi (2024 to 2026)?
No major statutory changes to Mississippi's general name change or divorce-related name restoration procedures took effect between 2024 and 2026. The core statutes governing name changes after divorce, including Miss. Code Ann. § 93-5-1, § 93-5-2, and § 93-17-1, remain substantively unchanged. Mississippi House Bill 1337, introduced during the 2025 Regular Session, amends Section 93-17-1 to authorize adult adoptions in chancery court but does not modify the general name change procedures under that statute.
Mississippi's divorce and name change processes continue to be handled exclusively through the chancery court system. The 6-month residency requirement under Miss. Code Ann. § 93-5-5 and the 60-day waiting period for irreconcilable-differences divorces under Miss. Code Ann. § 93-5-2 remain in effect as of March 2026. Filing fees have remained stable in the $148 to $153 range across most Mississippi counties, though petitioners should verify current fees with their local chancery clerk.
The ACLU of Mississippi continues to offer free automated petition preparation tools for adult name changes, which can reduce the cost of legal assistance for pro se petitioners pursuing a standalone name change petition after divorce.
Frequently Asked Questions
Can I change my name back to my maiden name in my Mississippi divorce decree?
Yes. Mississippi chancery courts can restore a former or maiden name directly within the final divorce decree at no additional cost under Miss. Code Ann. § 93-5-1 and § 93-5-2. The petitioner must explicitly request name restoration in the divorce complaint or settlement agreement before the decree is finalized.
How much does a name change after divorce cost in Mississippi?
A name change after divorce in Mississippi costs $0 additional if included in the divorce decree. A separate petition under Miss. Code Ann. § 93-17-1 costs approximately $148 to $153 in filing fees plus $50 to $150 for required newspaper publication, totaling $198 to $303 before document update fees. As of March 2026. Verify with your local clerk.
How long does the name change process take in Mississippi?
Name restoration through a divorce decree takes effect immediately when the divorce is finalized, after the mandatory 60-day waiting period for irreconcilable-differences cases. A standalone petition under Miss. Code Ann. § 93-17-1 typically takes 30 to 90 days from filing to final order, including the 21-day publication period.
Do I need a lawyer to change my name after divorce in Mississippi?
No. Mississippi permits pro se (self-represented) filing for both divorce-related name restorations and standalone name change petitions under Miss. Code Ann. § 93-17-1. The ACLU of Mississippi offers free automated petition preparation tools for adult name changes, and chancery clerk offices can provide filing instructions.
What if my divorce decree does not include my name change?
If the divorce decree did not include a name restoration provision, a separate Petition for Change of Name must be filed in chancery court under Miss. Code Ann. § 93-17-1. This requires a filing fee of approximately $148 to $153, newspaper publication at least 21 days before the hearing, and a court appearance in the county of residence.
Which government agency should I update first after changing my name?
Update the Social Security Administration first by submitting Form SS-5 with the certified divorce decree or court order at your local SSA office. The new card arrives within approximately 14 business days at no cost. The SSA must be updated before Mississippi DPS and the U.S. passport office because both agencies verify names against SSA records.
How do I update my Mississippi driver license after a divorce name change?
Visit a Mississippi Department of Public Safety office in person with the certified divorce decree or court order, updated Social Security card, original birth certificate, and two proofs of Mississippi residency. The replacement license fee is $11 to $24. Mississippi DPS only accepts court orders, divorce decrees, marriage licenses, or adoption orders for name changes.
Can I change my name to something other than my maiden name in a Mississippi divorce?
Mississippi divorce decrees typically restore a former or maiden name, not an entirely new name. To change to a name that is not a former legal name, a separate petition under Miss. Code Ann. § 93-17-1 must be filed. The chancery court has discretion to approve or deny name changes that serve the public interest.
Is newspaper publication required for a divorce-related name change in Mississippi?
No, if the name change is included in the divorce decree itself. Yes, if filing a separate petition under Miss. Code Ann. § 93-17-1. The standalone petition requires publication at least once, no fewer than 21 days before the hearing, at a cost of $50 to $150 depending on the newspaper.
Can I change my child's last name during a Mississippi divorce?
A parent's name restoration does not automatically change the children's surnames. Changing a minor child's name requires a separate petition under Miss. Code Ann. § 93-17-1 with either both parents' consent or a court finding that the change serves the child's best interest. The filing fee is approximately $148 to $153 per child.