North Dakota provides two legal pathways for a name change after divorce: requesting name restoration directly in your divorce decree at no additional cost, or filing a standalone name change petition under NDCC Chapter 32-28 for an $80 filing fee. The simplest and least expensive method is including the name restoration request in your original divorce complaint before the decree is finalized. If your divorce is already final and did not include a name change provision, you must file a separate petition in the district court of the county where you have resided for at least 6 months, publish a 30-day newspaper notice, and obtain a court order. Once you have either a divorce decree with a name change provision or a standalone court order, you must update your Social Security card, North Dakota driver's license, and all other identity documents in a specific sequence.
Key Facts: Name Change After Divorce in North Dakota
| Item | Details |
|---|---|
| Governing Statutes | NDCC Ch. 14-05 (Divorce) and NDCC Ch. 32-28 (Name Change) |
| Divorce Filing Fee | $160 (effective July 1, 2025) |
| Standalone Name Change Filing Fee | $80 |
| Name Change via Divorce Decree | $0 additional cost |
| Residency Requirement (Divorce) | 6 months in North Dakota (NDCC § 14-05-17) |
| Residency Requirement (Name Change) | 6 months in filing county (NDCC § 32-28-01) |
| Newspaper Publication Period | 30 days (NDCC § 32-28-02) |
| Mandatory Waiting Period for Divorce | None (no statutory waiting period) |
| Grounds for Divorce | Irreconcilable differences (no-fault) |
| Property Division | Equitable distribution (NDCC § 14-05-24) |
| Driver's License Update Fee | $8 at NDDOT |
| FBI Background Check Fee | $18 (if court-ordered) |
Two Legal Paths for a Name Change After Divorce in North Dakota
North Dakota law offers two distinct methods for restoring your former name after a divorce, and the path you choose depends on whether your divorce is already finalized. Including the name restoration in your divorce complaint under NDCC Chapter 14-05 costs $0 beyond the standard $160 divorce filing fee and requires no separate court hearing. Filing a standalone name change petition under NDCC Chapter 32-28 after your divorce is final costs $80 in filing fees plus newspaper publication costs averaging $40 to $100, and requires a 30-day publication period before the court can act.
Path 1: Name Restoration Through Your Divorce Decree
The most efficient method for a name change after divorce in North Dakota is requesting the restoration in your divorce complaint. North Dakota district courts routinely grant name restoration requests when included in the original divorce filing. You simply add a paragraph to your complaint stating you wish to restore your former name, and when the judge signs the final divorce decree, the name change becomes legally effective immediately. This path requires no additional filing fee, no newspaper publication, and no separate court hearing. The divorce decree itself serves as your legal name change document for updating all government-issued identification.
Path 2: Standalone Name Change Petition Under NDCC Chapter 32-28
If your divorce decree did not include a name restoration provision, you must file a standalone petition under NDCC § 32-28-01 in the district court of the county where you currently reside. This path requires an $80 filing fee, a 6-month county residency period, publication of a Notice of Petition for Name Change in the county's official newspaper for 30 days, and potentially a criminal background check. The court may also require an FBI Identity History Summary at an additional cost of $18. The total cost for a standalone name change petition in North Dakota typically ranges from $120 to $200 when accounting for filing fees, publication costs, and potential background check fees.
Filing Requirements for a Standalone Name Change in North Dakota
North Dakota requires that any person filing a name change petition must be a United States citizen or permanent resident alien, must have resided in the filing county for at least 6 consecutive months, and must demonstrate that the name change is not sought for fraudulent or misleading purposes under NDCC § 32-28-01. The petitioner bears all costs of the proceeding, and the court may enter judgment against the petitioner for costs as in other civil actions.
Residency and Citizenship
Under NDCC § 32-28-01, you must prove bona fide residency in the North Dakota county where you file for at least 6 months before submitting your petition. You must also be a United States citizen or a lawful permanent resident alien. North Dakota does not permit nonresidents or temporary visitors to file name change petitions in its courts. For divorce-based name changes, NDCC § 14-05-17 separately requires that at least one spouse must have been a North Dakota resident for 6 consecutive months before the court can grant a final divorce decree.
Criminal Background Check Requirements
Under NDCC § 32-28-02, the district court must determine whether you have a criminal history in North Dakota or any other state when you file a name change petition. The court may require you to submit to a statewide and nationwide criminal history record check at your expense. If the court orders an FBI background check, you must complete an Identity History Summary Request Form and submit it with an $18 fee. Individuals with felony convictions must prove by clear and convincing evidence that the name change request is made in good faith and will not cause injury to any person.
Step-by-Step Process: Standalone Name Change After Divorce
The standalone name change process in North Dakota takes approximately 6 to 10 weeks from filing to receiving your court order, assuming no objections are raised and the court does not require additional hearings. The 30-day newspaper publication requirement under NDCC § 32-28-02 accounts for the largest portion of this timeline.
- Confirm you meet the 6-month county residency requirement under NDCC § 32-28-01
- Obtain the required forms from the North Dakota Courts website (ndcourts.gov) or your local district court clerk
- Complete the Petition for Name Change, Declaration for Name Change, and Confidential Information Form
- Publish a Notice of Petition for Name Change in the official newspaper of your county
- Obtain an Affidavit of Publication from the newspaper after the 30-day publication period
- File all documents with the Clerk of District Court along with the $80 filing fee
- Complete any criminal background check required by the court
- Attend a hearing if the court schedules one (not always required in uncontested cases)
- Receive the signed Order Granting Name Change from the judge
- Begin updating your identification documents in the correct sequence
Required Forms
North Dakota district courts require these forms for an adult name change petition, all available at ndcourts.gov:
- Petition for Name Change (states your current name, desired name, and reason)
- Declaration for Name Change (sworn statement of facts)
- Notice of Petition for Name Change (for newspaper publication)
- Confidential Information Form (contains Social Security number and date of birth, filed under seal)
- Proposed Order Granting Name Change (for the judge's signature)
- Affidavit of Publication (obtained from the newspaper after 30-day publication)
Publication Requirement and Exceptions
Under NDCC § 32-28-02, you must publish a Notice of Petition for Name Change in the official newspaper of the county where you reside for 30 days before the judge can consider your petition. Publication costs vary by county but typically range from $40 to $100 depending on the newspaper's rates. The court may waive the publication requirement in only two circumstances: when you are changing only your first or middle name (not your surname), or when you demonstrate that you are a victim of domestic violence as defined by NDCC § 14-07.1-01. Restoring your maiden surname after divorce does not qualify for a publication waiver because it involves a last name change.
Cost Breakdown: Name Change After Divorce in North Dakota
The total cost of a name change after divorce in North Dakota ranges from $0 (if included in the divorce decree) to approximately $250 for a standalone petition with all associated expenses. Understanding these costs helps you choose the most economical path.
| Expense | Via Divorce Decree | Standalone Petition |
|---|---|---|
| Court Filing Fee | $0 (included in $160 divorce fee) | $80 |
| Newspaper Publication | Not required | $40 to $100 |
| Criminal Background Check (state) | Not required | $0 to $25 (if ordered) |
| FBI Background Check | Not required | $18 (if ordered) |
| Certified Copies of Order (2-3) | $0 (decree serves as proof) | $20 to $30 |
| Total Estimated Cost | $0 additional | $120 to $250 |
| Social Security Card Update | $0 | $0 |
| Driver's License Update | $8 | $8 |
| Passport Update | $130 (standard renewal) | $130 (standard renewal) |
As of March 2026. Verify current fees with your local district court clerk and the North Dakota Courts website at ndcourts.gov.
Updating Your Identity Documents After the Name Change
Once you have either a divorce decree containing a name change provision or a standalone court order granting your name change, you must update your identification documents in a specific sequence. The Social Security Administration must be updated first because the North Dakota Department of Transportation verifies your name against SSA records before issuing a new driver's license.
Step 1: Social Security Card (Free, 2-4 Weeks)
Visit your nearest Social Security Administration office with a completed Form SS-5 (Application for a Social Security Card) and your certified divorce decree or court order granting the name change. You must also present proof of identity such as a current driver's license or U.S. passport. The SSA does not charge a fee for issuing a new Social Security card. Processing takes approximately 2 to 4 weeks, and you will receive a new card by mail at your current address. You may begin the process online at ssa.gov, but you must visit an SSA office in person within 45 days to present your original documents.
Step 2: North Dakota Driver's License ($8, Same Day)
After receiving your new Social Security card, visit any North Dakota Department of Transportation (NDDOT) driver's license site in person. Bring your current North Dakota driver's license, your certified divorce decree or court order, and payment for the $8 replacement fee. North Dakota law requires you to update your driver's license within 30 days of a legal name change. The NDDOT will issue a temporary license on site, and your permanent card arrives by mail within 2 to 3 weeks.
Step 3: U.S. Passport ($130, 6-8 Weeks)
Submit Form DS-82 (renewal by mail) if your current passport is undamaged, was issued within the last 15 years, and was issued when you were 16 or older. Include your certified divorce decree or court order as proof of the name change, your most recent passport, a new passport photo, and the $130 renewal fee. Standard processing takes 6 to 8 weeks. Expedited processing is available for an additional $60 fee and reduces the timeline to 2 to 3 weeks.
Step 4: Additional Documents and Accounts
After updating your three primary documents, notify the following entities of your name change:
- Banks and financial institutions (bring court order or decree and new driver's license)
- Employer and payroll department (for W-2 and tax records)
- Health insurance provider
- Voter registration (update through your county auditor's office or online at vote.nd.gov)
- Vehicle title and registration (at any NDDOT office, fee varies)
- Utility companies, credit card issuers, and subscription services
- Professional licensing boards (nursing, teaching, real estate, etc.)
- North Dakota vital records if you need an updated birth certificate (contact the state of your birth)
Special Considerations for North Dakota Divorce Name Changes
North Dakota's name change laws contain several provisions that affect divorced individuals differently depending on their circumstances. Understanding these nuances prevents delays and additional costs in the name restoration process.
Changing Your Children's Last Name
Changing a minor child's last name in North Dakota requires a separate petition filed by the child's parent or legal guardian under NDCC § 32-28-01. Both parents must receive notice of the petition, and the noncustodial parent has the right to object. North Dakota courts consider the best interests of the child when deciding whether to grant a minor's name change, weighing factors such as the child's age, the strength of the parent-child relationship, and the potential for confusion or embarrassment. A parent's divorce-related name restoration does not automatically change the children's surname.
Domestic Violence Protections
North Dakota law provides special protections for domestic violence survivors seeking name changes. Under NDCC § 32-28-02, the court may waive the newspaper publication requirement if you demonstrate that you are a victim of domestic violence as defined by NDCC § 14-07.1-01. This waiver protects survivors by preventing their new name and address from being published in a public newspaper. The filing fee of $80 still applies, but fee waivers are available for individuals who demonstrate financial hardship.
Fee Waivers for Low-Income Petitioners
If you cannot afford the $80 filing fee for a standalone name change petition, you may file a Petition for Order Waiving Fees along with a Financial Affidavit asking the court to waive costs based on financial hardship. North Dakota district courts grant fee waivers to individuals who demonstrate that paying the fee would create a substantial financial burden. Forms for the fee waiver request are available at ndcourts.gov under the Filing Fee Waiver section.
No Mandatory Waiting Period Advantage
North Dakota is one of the few states with no mandatory waiting period between filing for divorce and receiving a final decree. This means that if you include your name restoration in the divorce complaint, you could receive your name change as part of an uncontested divorce decree in as little as 30 to 60 days from filing, depending on court scheduling in your judicial district. By contrast, states like California impose a 6-month waiting period, and New York requires a minimum of 30 to 40 days after service.
Timeline Comparison: Both Name Change Paths
The timeline for completing a name change after divorce in North Dakota varies significantly depending on which path you choose. The divorce decree method is substantially faster because it eliminates the separate 30-day publication period and additional court filing.
| Milestone | Via Divorce Decree | Standalone Petition |
|---|---|---|
| File initial documents | Day 1 (with divorce complaint) | Day 1 |
| Newspaper publication period | Not required | 30 days |
| Court consideration/hearing | At divorce hearing | 7 to 21 days after publication |
| Receive court order/decree | 30 to 90 days (uncontested) | 45 to 75 days |
| Update Social Security card | 2 to 4 weeks after decree | 2 to 4 weeks after order |
| Update driver's license | Same day (after SSA update) | Same day (after SSA update) |
| Update passport | 6 to 8 weeks | 6 to 8 weeks |
| Total time to full completion | 3 to 5 months | 4 to 6 months |
Frequently Asked Questions
Can I change my name back to my maiden name in my North Dakota divorce decree?
Yes. North Dakota allows you to request name restoration directly in your divorce complaint at no additional cost beyond the $160 divorce filing fee. Include a specific paragraph in your complaint requesting restoration of your former name, and the judge will include the name change in the final decree. This is the fastest and least expensive method, and the divorce decree itself serves as your legal proof of name change for updating all identification documents.
How much does a name change after divorce cost in North Dakota?
A name change included in a North Dakota divorce decree costs $0 beyond the standard $160 divorce filing fee. A standalone name change petition filed after the divorce is finalized costs $80 in court filing fees plus $40 to $100 for newspaper publication, for a total of $120 to $200 under NDCC Chapter 32-28. Additional costs may include $18 for an FBI background check if court-ordered, and $8 for a new North Dakota driver's license.
How long does a name change take after divorce in North Dakota?
A name change included in a North Dakota divorce decree takes effect immediately when the judge signs the decree, typically 30 to 90 days after filing an uncontested divorce. A standalone name change petition under NDCC Chapter 32-28 takes approximately 45 to 75 days due to the mandatory 30-day newspaper publication period under NDCC § 32-28-02 plus court processing time. Updating all identification documents adds another 2 to 3 months.
Do I have to publish my name change in a newspaper in North Dakota?
Yes, for standalone name change petitions. Under NDCC § 32-28-02, you must publish a Notice of Petition for Name Change in the official newspaper of your county for 30 days before the court can act. Publication costs range from $40 to $100. The court may waive publication only if you are changing your first or middle name only, or if you are a victim of domestic violence under NDCC § 14-07.1-01. Name changes included in a divorce decree do not require newspaper publication.
Can I change my name to something other than my maiden name in a North Dakota divorce?
North Dakota divorce decrees typically restore your pre-marriage surname (maiden name). If you wish to change your name to an entirely different name that is not your birth name or a previous married name, you must file a standalone name change petition under NDCC Chapter 32-28 with the $80 filing fee. The court will evaluate whether the request is made in good faith and is not fraudulent or injurious to others.
What documents do I need to change my name after divorce in North Dakota?
You need a certified copy of your divorce decree (if the name change was included) or a certified court order granting a standalone name change. For updating your Social Security card, bring Form SS-5 and proof of identity. For your North Dakota driver's license, bring the decree or court order, your current license, and $8. For a passport update, submit Form DS-82 with the decree or court order, your current passport, a new photo, and $130.
Is there a time limit on requesting a name change after divorce in North Dakota?
No. North Dakota imposes no deadline for requesting a name change after your divorce is finalized. You may file a standalone name change petition under NDCC Chapter 32-28 at any time, whether your divorce was finalized 6 months ago or 20 years ago. The only requirement is that you must have resided in the filing county for at least 6 months under NDCC § 32-28-01 at the time you submit the petition.
What if my ex-spouse objects to my name change in North Dakota?
An ex-spouse has no legal standing to prevent you from restoring your former name after divorce in North Dakota. Under NDCC § 32-28-02, any person may file a written objection to a name change petition, but the court grants objections only if the name change is shown to be fraudulent, misleading, or injurious to others. Restoring your maiden name or pre-marriage surname after divorce is considered a legitimate and routine request that North Dakota courts approve in the vast majority of cases.
Do I need a lawyer to change my name after divorce in North Dakota?
No. Both paths for a name change after divorce in North Dakota can be completed without an attorney. The North Dakota Courts website at ndcourts.gov provides all required forms and instructions for self-represented litigants, and Legal Services of North Dakota (lsnd.org) offers free legal assistance to qualifying low-income individuals. However, if your case involves complications such as a felony conviction, a contested name change, or changing a minor child's name, consulting a North Dakota family law attorney is advisable.
Can I get a fee waiver for my name change petition in North Dakota?
Yes. If you cannot afford the $80 filing fee, you may file a Petition for Order Waiving Fees and a Financial Affidavit with the district court. The court will evaluate your income, expenses, and overall financial situation. If the court determines that paying the fee would cause substantial financial hardship, it will waive the filing fee entirely. Fee waiver forms are available at ndcourts.gov under the Filing Fee Waiver section. The publication cost is separate and must be paid to the newspaper directly, though domestic violence survivors may request a publication waiver.
This guide is for informational purposes only and does not constitute legal advice. Laws and fees are subject to change. Consult a licensed North Dakota attorney for advice specific to your situation. Filing fees verified as of March 2026 via the North Dakota Court System fee schedule effective July 1, 2025.