Oregon allows divorcing spouses to restore a former name at no additional cost by including the request in the divorce decree under ORS § 107.105. If the divorce is already final, a separate name change petition under ORS § 33.410 costs $124 in filing fees. Approximately 68% of women who change their name at marriage request a name change after divorce in Oregon, and the entire process from decree to updated government IDs takes 4 to 8 weeks when all documents are filed promptly.
Key Facts: Name Change After Divorce in Oregon
| Item | Details |
|---|---|
| Name Restoration Filing Fee | $0 (included in divorce decree) |
| Separate Name Change Petition Fee | $124 under ORS § 21.145 |
| Divorce Filing Fee | $301 |
| Waiting Period | None (repealed in 2011) |
| Residency Requirement | 6 months if married outside Oregon; none if married in Oregon |
| Grounds for Divorce | No-fault (irreconcilable differences) |
| Property Division | Equitable distribution |
| Governing Statutes | ORS § 107.105, ORS § 33.410 |
| Fee Waiver Available | Yes, for low-income filers |
| Time to Complete All ID Updates | 4 to 8 weeks |
Two Paths to a Name Change After Divorce in Oregon
Oregon provides two distinct legal paths for a name change after divorce: requesting name restoration as part of the divorce proceedings (free) or filing a separate name change petition after the divorce is finalized ($124). Under ORS § 107.105, the court may restore either spouse to a former name as part of the dissolution judgment. This method costs $0 in additional fees because the name restoration is bundled into the divorce decree itself. Approximately 85% of post-divorce name changes in Oregon use this method because it eliminates the need for a separate court hearing.
The second path applies when the divorce is already final and no name restoration was included in the decree. Oregon circuit courts handle standalone name change petitions under ORS § 33.410, which requires a $124 filing fee under ORS § 21.145, a background check, and a court hearing scheduled 2 to 4 weeks after filing. Oregon does not require publication of a name change petition in a newspaper, which saves an additional $50 to $150 compared to states that mandate publication.
Method 1: Name Restoration Through the Divorce Decree
The most efficient way to complete a name change after divorce in Oregon is to include the request directly in your dissolution petition, which adds $0 to the standard $301 divorce filing fee. Oregon Judicial Department Form ORS 107.105 includes a specific checkbox allowing either the petitioner or the respondent to request restoration of a former name. The judge signs the general judgment of dissolution, and that single document serves as your certified legal name change order for all government agencies.
To use this method, follow these steps:
- Check the name restoration box on the Petition for Dissolution of Marriage when you file with the circuit court
- Specify the exact former name you wish to restore (maiden name, birth name, or any prior legal name)
- Include the name restoration provision in the proposed General Judgment of Dissolution
- Ensure the judge signs the judgment with the name restoration language included
- Obtain 3 to 5 certified copies of the judgment from the circuit court clerk at $5 per copy
Oregon courts routinely grant name restoration requests in divorce proceedings. The court does not require a separate hearing for the name change when it is part of the dissolution, and no additional filing fee applies beyond the $301 divorce petition fee. The name restoration takes effect immediately when the judge signs the general judgment under ORS § 107.115.
Method 2: Separate Name Change Petition After Divorce
When a divorce decree does not include name restoration language, Oregon residents must file a standalone petition under ORS § 33.410 with a filing fee of $124. This method applies to individuals who finalized their divorce without requesting a name change, those who want to change to a name other than a former legal name, or those who changed their mind after the divorce was entered. The circuit court schedules a hearing 2 to 4 weeks after filing, and the judge issues a name change order if the request is consistent with the public interest.
The separate petition process requires these steps:
- File the Application for Change of Name form in the circuit court of the county where you reside
- Pay the $124 filing fee (or request a fee waiver if income-eligible)
- Submit to a background check (Oregon courts verify criminal history before granting name changes)
- Attend the court hearing, typically scheduled 14 to 28 days after filing
- Receive the signed Order for Change of Name from the judge
- Obtain 3 to 5 certified copies at $5 per copy from the court clerk
Oregon does not require applicants to publish notice of a name change petition in a local newspaper under ORS § 33.410. This distinguishes Oregon from approximately 30 other states that mandate newspaper publication, saving Oregon filers between $50 and $150 in publication costs.
Updating Government IDs and Records After the Name Change
Once a name change after divorce in Oregon is legally granted through either method, the updated name must be reflected across all government-issued identification documents within specific timeframes. The Social Security Administration requires notification within 10 days of the name change, and the Oregon DMV requires an updated license within 30 days. Completing all updates takes 4 to 8 weeks when documents are filed in the correct sequence.
Follow this specific order to avoid delays:
Step 1: Social Security Administration (1 to 2 Weeks)
Visit your local SSA office or begin the application online at ssa.gov. Bring your certified divorce decree (or court order) showing the name change and your current government-issued photo ID. The SSA issues a new Social Security card in 10 to 14 business days at no charge. Wait at least 3 business days after the SSA processes your request before updating other agencies, because the DMV and passport office verify your name against SSA records.
Step 2: Oregon DMV Driver License (Same Day)
Visit an Oregon DMV office in person with your certified divorce decree or name change order, your current Oregon driver license, and proof that the SSA has updated your name (the receipt from SSA or your new Social Security card). Oregon charges a $44.50 replacement license fee for a standard license or $54.50 for a Real ID-compliant license. The DMV issues a temporary license on the spot, and the permanent card arrives by mail in 2 to 3 weeks.
Step 3: U.S. Passport (4 to 6 Weeks)
Submit Form DS-5504 (name change within 1 year of passport issuance) or Form DS-82 (name change more than 1 year after issuance) by mail. Include your current passport, certified divorce decree or court order, a new passport photo, and the applicable fee ($130 for a passport book, $30 for a passport card, or $160 for both). Standard processing takes 6 to 8 weeks, and expedited processing costs an additional $60 for 2 to 3 week delivery.
Step 4: Additional Records
Update these additional records within 30 days of receiving your new Social Security card:
- Bank accounts and financial institutions (bring certified decree and new ID)
- Employer payroll and benefits records
- Insurance policies (health, auto, homeowners, life)
- Voter registration (update online at oregonvotes.gov)
- Oregon Department of Revenue (update on next tax filing)
- Professional licenses and certifications
- Utility accounts and lease agreements
- Vehicle titles through Oregon DMV (Form 6890, $93 title transfer fee)
Costs Breakdown: Name Change After Divorce in Oregon
A complete name change after divorce in Oregon costs between $49.50 and $502.50 depending on the method used and the number of documents requiring updates. The divorce decree method is significantly less expensive because it eliminates the $124 separate petition fee entirely.
| Expense | Decree Method | Separate Petition |
|---|---|---|
| Filing Fee | $0 (included in $301 divorce fee) | $124 |
| Certified Copies (3 at $5 each) | $15 | $15 |
| Social Security Card | $0 | $0 |
| Oregon Driver License (Standard) | $44.50 | $44.50 |
| U.S. Passport Book | $130 (optional) | $130 (optional) |
| Vehicle Title Transfer | $93 (if applicable) | $93 (if applicable) |
| Total (Minimum) | $49.50 | $173.50 |
| Total (With Passport + Title) | $282.50 | $406.50 |
As of March 2026. Verify current fees with your local circuit court clerk and the Oregon Judicial Department fee schedule.
Fee Waivers for Low-Income Filers
Oregon circuit courts grant fee deferrals and waivers for individuals who cannot afford the $124 name change filing fee or the $301 divorce filing fee. Under ORS § 21.680 through ORS § 21.698, a person whose household income falls at or below 125% of the federal poverty level qualifies for a full fee waiver. For 2026, that threshold is approximately $19,506 for a single-person household and $33,131 for a family of 4. Applicants must complete the Oregon Judicial Department fee waiver application form and submit it with their petition.
The fee waiver covers the filing fee only. Certified copy fees ($5 per copy), DMV fees ($44.50), and passport fees ($130) are not covered by the court fee waiver. Approximately 15% of name change petitions in Oregon are filed with fee waivers.
Changing a Child's Last Name After Divorce in Oregon
Changing a minor child's name after divorce in Oregon requires the written consent of both parents or a court order under ORS § 33.420. The filing fee for a child's name change petition is $124, the same as an adult petition. If one parent does not consent, the petitioning parent must serve notice on the nonconsenting parent, and the court holds a hearing to determine whether the name change serves the child's best interests.
Oregon courts consider these factors when evaluating a child's name change request without both parents' consent:
- The length of time the child has used the current name
- The strength of the child's relationship with each parent
- The potential effect of the name change on the parent-child relationship
- The child's preference (if the child is old enough to express a meaningful opinion)
- Whether the name change would cause confusion or embarrassment for the child
The petitioning parent must demonstrate that the name change is consistent with the public interest under ORS § 33.410. Courts in Oregon generally require clear evidence that the name change benefits the child before overriding a nonconsenting parent's objection.
Common Mistakes That Delay Your Name Change
Oregon circuit court clerks report that approximately 30% of name change applications require correction or resubmission due to preventable errors. Avoiding these common mistakes saves 2 to 6 weeks of processing time and prevents unnecessary return trips to the courthouse.
- Filing the name change petition before updating Social Security records creates a verification mismatch at the DMV, adding 2 to 3 weeks of delay
- Requesting insufficient certified copies of the decree forces a return trip to the courthouse at $5 per additional copy
- Failing to include the exact name restoration language in the divorce petition means the decree cannot serve as a name change document
- Misspelling the former name on the petition requires an amended filing and resets the hearing timeline
- Not bringing proper identification to the court hearing (the judge may continue the hearing to a later date)
- Waiting more than 1 year after passport issuance to update requires Form DS-82 instead of the simpler DS-5504 form
Oregon Name Change After Divorce vs. Other States
Oregon's name change after divorce process is faster and less expensive than the national average. Oregon does not require a waiting period for divorce (repealed in 2011 under former ORS § 107.065), does not mandate newspaper publication for name changes, and charges a $124 filing fee compared to the national average of $150 to $350 for standalone name change petitions.
| Factor | Oregon | National Average |
|---|---|---|
| Divorce Waiting Period | None | 30 to 90 days |
| Name Change in Decree | Free (included) | Free (included) |
| Separate Name Change Fee | $124 | $150 to $350 |
| Newspaper Publication Required | No | Yes (30 states) |
| Publication Cost Saved | $50 to $150 | N/A |
| Court Hearing Required (Separate) | Yes | Yes (most states) |
| Time to Complete | 4 to 8 weeks | 6 to 12 weeks |
Frequently Asked Questions
Can I change my name to something other than my maiden name in my Oregon divorce?
Yes, but only through a separate petition under ORS § 33.410 with a $124 filing fee. The divorce decree name restoration under ORS § 107.105 only permits restoration to a name you legally held before the marriage. If you want a completely new name that is not a former legal name, you must file a standalone name change petition after the divorce is finalized.
How long does a name change after divorce take in Oregon?
The name restoration through a divorce decree takes effect immediately when the judge signs the general judgment. A separate name change petition under ORS § 33.410 takes 2 to 4 weeks from filing to the court hearing. Updating all government IDs (Social Security, DMV, passport) adds another 4 to 6 weeks, making the total timeline 4 to 8 weeks for the decree method and 6 to 10 weeks for the separate petition method.
What if I forgot to include the name change in my Oregon divorce decree?
You must file a separate name change petition under ORS § 33.410 with your county circuit court and pay the $124 filing fee. Oregon does not allow modification of a final divorce decree solely to add name restoration language after the judgment is entered. The separate petition requires a court hearing and typically takes 2 to 4 weeks to process.
How much does a name change after divorce cost in Oregon?
A name change after divorce in Oregon costs $0 in additional fees when included in the divorce decree under ORS § 107.105. A separate petition costs $124 in filing fees under ORS § 21.145. Additional costs include $15 for 3 certified copies, $44.50 for a new Oregon driver license, and $130 for a passport book update. The total ranges from $49.50 to $406.50 depending on which documents you need to update.
Can my ex-spouse prevent me from changing my name back after divorce in Oregon?
No. Oregon law under ORS § 107.105 gives each spouse the independent right to restore a former name during divorce proceedings. Your spouse cannot object to or block your name restoration request. The court grants name restoration requests as a routine matter, and no showing of cause or justification is required beyond the request itself.
Do I need a lawyer to change my name after divorce in Oregon?
No, a lawyer is not required for a name change after divorce in Oregon. Both the divorce decree method and the separate petition method are designed for self-representation. The Oregon Judicial Department provides free downloadable forms on courts.oregon.gov for both dissolution petitions and standalone name change applications. Approximately 70% of name change petitions in Oregon are filed without attorney representation.
Can I change my child's last name in the Oregon divorce decree?
No, a child's name change cannot be included in an Oregon divorce decree. A separate petition must be filed under ORS § 33.420 with a $124 filing fee. Both parents must consent to the child's name change, or the petitioning parent must demonstrate that the change serves the child's best interests at a court hearing. The nonconsenting parent must be served with notice of the petition.
What documents do I need to change my name after divorce in Oregon?
You need a certified copy of your divorce decree showing the name restoration (or a court order from a separate name change petition), your current government-issued photo ID, your Social Security card, and a completed application form for each agency. Order at least 3 certified copies of your decree at $5 each from the circuit court clerk because the SSA, DMV, and passport office each require an original certified copy.
Is there a time limit to change my name after divorce in Oregon?
No, Oregon imposes no deadline for changing your name after divorce. You can request name restoration as part of the divorce decree at any point during the proceedings, and you can file a separate name change petition under ORS § 33.410 months or years after the divorce is finalized. However, the U.S. State Department offers a simplified passport name change process (Form DS-5504) only within 1 year of your most recent passport issuance.
Will my name change after divorce appear in public records in Oregon?
Yes, divorce decrees including name restorations are public records in Oregon. However, standalone name change petitions filed under ORS § 33.410 may be sealed if the applicant demonstrates a safety concern, such as domestic violence. Oregon courts seal name change records under ORS § 33.420 when disclosure could endanger the applicant. Domestic violence survivors should request record sealing when filing the petition.