Vermont law gives every divorcing spouse the right to restore a prior name as part of the divorce decree at no additional cost, or to petition the Probate Division separately for $150 if the divorce is already final. Under 15 V.S.A. § 558, amended effective June 6, 2024, the court "shall allow a spouse to resume the spouse's prior name or the name of a former spouse" unless good cause is shown to deny the request. Vermont residents pursuing a name change after divorce have two distinct legal pathways, each with different costs, timelines, and procedural requirements.
Key Facts: Name Change After Divorce in Vermont
| Item | Details |
|---|---|
| Divorce Filing Fee (Contested) | $295 |
| Divorce Filing Fee (Uncontested/Stipulated) | $90 |
| Separate Name Change Petition Fee | $150 |
| Residency Requirement | 6 months to file; 1 year before final hearing |
| Divorce Waiting Period (Nisi) | 90 days after decree entry |
| Grounds for Divorce | No-fault (6 months living apart) or 7 fault-based grounds |
| Property Division | Equitable distribution (all-property doctrine) |
| Name Change via Divorce Decree | $0 additional cost |
| Name Change Governing Statute | 15 V.S.A. § 558 |
| General Name Change Statute | 15 V.S.A. §§ 811-816 |
| Court Website | vermontjudiciary.org |
As of March 2026. Verify all fees with your local clerk of court.
Two Legal Pathways for a Name Change After Divorce in Vermont
Vermont provides two distinct methods to change your name after divorce: requesting restoration in the divorce decree itself at no extra cost, or filing a separate Probate Court petition for $150 after the divorce is finalized. The divorce decree method under 15 V.S.A. § 558 is faster, cheaper, and requires no newspaper publication. The separate petition method under 15 V.S.A. §§ 811-816 is necessary only when the divorce decree did not include a name restoration order.
Path 1 covers name restoration through the divorce proceeding. The request is included in the divorce complaint or stipulation, and the court grants it as part of the final decree. There is no separate filing fee, no newspaper publication requirement, and no additional hearing. The certified divorce decree serves as the legal document for updating all identification records, including Social Security cards, driver's licenses, passports, and bank accounts.
Path 2 requires filing a Petition of Adult to Change Name (Form 700-00122) with the Probate Division of the Superior Court in the county where you reside. This petition costs $150 to file, requires newspaper publication for 3 consecutive weeks, and includes a mandatory Sex Offender Registry check through the Department of Public Safety. The entire separate petition process typically takes 6 to 12 weeks from filing to final order.
How to Request a Name Change in Your Vermont Divorce Decree
Including a name restoration request in your Vermont divorce complaint or stipulation costs $0 beyond the standard divorce filing fee of $90 (uncontested) or $295 (contested) under 32 V.S.A. § 1431(b)(2). The June 2024 amendment to 15 V.S.A. § 558 strengthened the presumption in favor of granting name changes, using mandatory "shall allow" language rather than discretionary "may allow" language. Vermont courts now grant name restoration requests in divorce proceedings as a matter of course unless a party demonstrates good cause to deny the request.
To request a name change through your divorce proceeding, follow these steps:
- Include your name restoration request in your divorce complaint or stipulation agreement. State the name you wish to resume, whether it is your maiden name, a prior married name, or another former legal name.
- Provide documentation of the name you wish to restore, such as a birth certificate or prior marriage certificate showing the name.
- The judge reviews the request during the divorce hearing or when approving the stipulation.
- The final divorce decree includes an order restoring your prior name, specifying both your current legal name and your restored name.
- Obtain certified copies of the decree from the court clerk (typically $10-15 per copy) to use when updating identification documents.
The divorce decree becomes final 90 days after entry under 15 V.S.A. § 554, though the court may shorten or waive this nisi period if both parties agree. Your name change is legally effective as of the decree date, not the date the nisi period expires. You can begin updating documents immediately after receiving your certified decree.
Filing a Separate Name Change Petition in Vermont Probate Court
When a divorce decree does not include a name restoration order, Vermont residents must file a separate Petition of Adult to Change Name in the Probate Division of the Superior Court at a cost of $150 per 32 V.S.A. § 1431. This process involves more procedural steps than the divorce decree method, including mandatory newspaper publication for 3 consecutive weeks and a Sex Offender Registry background check conducted by the Vermont Department of Public Safety.
The separate petition process under 15 V.S.A. § 811 requires the following steps:
- Obtain Form 700-00122 (Petition of Adult to Change Name) from the Vermont Judiciary forms library at vermontjudiciary.org/court-forms.
- Complete the petition with your current legal name, the name you wish to adopt, your reason for the change (divorce/restoration of prior name), and your county of residence.
- File the petition in the Probate Division of the Superior Court in the county where you physically reside. Filing can be done in person, by mail, or by email.
- Pay the $150 filing fee. If you cannot afford the fee, submit an Application to Waive Filing Fees and Service Costs, available at vermontjudiciary.org/self-help.
- The court orders a Sex Offender Registry check through the Department of Public Safety.
- The court publishes a notice of your name change petition in a local newspaper for 3 consecutive weeks, per 15 V.S.A. § 812.
- After the publication period and a satisfactory registry check, the court issues a name change decree.
Required documents for the separate petition include a certified birth certificate, a valid photo ID (driver's license or passport), your marriage certificate, and a certified copy of your divorce decree. The Access and Resource Center can assist with questions at selfhelp@vtcourts.gov or 802-879-1185.
Cost Comparison: Divorce Decree vs. Separate Petition
The total cost of a name change after divorce in Vermont ranges from $0 (when included in an uncontested divorce) to approximately $350-400 for a separate Probate Court petition including publication fees. Choosing the divorce decree method saves a minimum of $150 in filing fees plus $100-200 in newspaper publication costs.
| Cost Component | Via Divorce Decree | Separate Petition |
|---|---|---|
| Filing Fee | $0 (included in divorce) | $150 |
| Newspaper Publication | Not required | $100-200 (3 weeks) |
| Certified Copies | $10-15 each | $10-15 each |
| Background Check | Not required | Included in filing |
| Attorney Fees (optional) | $0-500 | $300-800 |
| Total Estimated Cost | $10-15 | $260-365+ |
| Timeline | Immediate with decree | 6-12 weeks |
| Court Appearances | None (part of divorce) | Usually none |
As of March 2026. Publication costs vary by newspaper and county. Verify with your local clerk.
Fee waivers are available for both pathways. Vermont courts waive filing fees for individuals who demonstrate financial hardship, including those receiving public assistance benefits such as Reach Up (TANF), 3SquaresVT (SNAP), or Medicaid. The fee waiver application is a single-page form available from the court clerk or online.
Updating Your Identity Documents After a Vermont Name Change
After obtaining either a divorce decree with a name restoration order or a separate name change decree, Vermont residents must update identification documents with each issuing agency individually. The Social Security Administration should be updated first because many other agencies require a Social Security card in the new name as supporting documentation. The entire document update process typically takes 4 to 8 weeks when agencies are contacted in the recommended order.
Update your documents in this order for the most efficient process:
- Social Security Card: Visit ssa.gov or your local SSA office with your certified decree and current ID. Processing takes 2-4 weeks. No fee for a name change card.
- Vermont Driver's License: Visit a Vermont DMV office with your certified decree, current license, and updated Social Security card. Fee is approximately $55 for a new license. The Vermont DMV requires an updated Social Security record before issuing a new license.
- U.S. Passport: Submit Form DS-5504 (if passport is less than 1 year old) or Form DS-82 (renewal by mail) with your certified decree. Fee is $130 for a new passport book. Processing takes 6-8 weeks for routine service.
- Bank Accounts and Credit Cards: Visit your bank branch with your certified decree and new government-issued ID. Most banks process name changes within 1-3 business days.
- Vehicle Registration and Title: Update with the Vermont DMV. Bring your certified decree and current registration.
- Employer and Payroll Records: Submit a new W-4 form with your updated name and Social Security information to your employer's HR department.
- Insurance Policies: Contact your health, auto, home, and life insurance providers with your certified decree.
- Voter Registration: Update your voter registration through the Vermont Secretary of State's office or your town clerk.
- Professional Licenses: Contact each licensing board individually. Vermont professional license updates typically require a copy of the decree and a written request.
- Estate Planning Documents: Update your will, power of attorney, healthcare directive, and any trust documents with your attorney.
Order at least 5 certified copies of your decree to submit to multiple agencies simultaneously rather than waiting for each to return the original. Certified copies cost approximately $10-15 each from the court clerk's office.
Vermont Residency Requirements and Divorce Eligibility
Vermont requires at least 6 months of residency before filing for divorce and 1 year of residency before the final hearing under 15 V.S.A. § 592. Either the plaintiff or defendant must meet the residency requirement. Vermont's residency standard is among the longer requirements in New England, where neighboring New Hampshire requires no minimum residency period and Massachusetts requires 1 year only when the cause of divorce occurred outside the state.
Vermont recognizes temporary absences for illness, military service, employment, or other legitimate purposes as not breaking the residency period, provided the person maintains a Vermont domicile. Non-residents may file for divorce in the county where their marriage certificate was filed, but only if there are no minor children and both parties file a joint stipulation resolving all issues.
The 6-month residency requirement applies to the filing date, while the 1-year requirement applies to the final hearing date. This means a spouse who has lived in Vermont for 6 months can file immediately, and the case will typically proceed through the 90-day nisi period and other procedural steps, reaching the 1-year mark by the time of the final hearing.
Understanding the 90-Day Nisi Period
Vermont divorce decrees are initially "nisi" (provisional) for 90 days after the court enters the decree, meaning the divorce is not technically final until that period expires under 15 V.S.A. § 554. During the nisi period, neither spouse may legally remarry. The court has discretion to shorten or waive the 90-day nisi period if both parties agree, though doing so may affect health insurance coverage under the other spouse's plan and income tax filing status for the year of divorce.
The nisi period does not affect name changes. A name restoration order included in the divorce decree takes effect on the date the court enters the decree, not 90 days later. Vermont residents can begin the process of updating their identification documents immediately after receiving a certified copy of the decree, even while the nisi period is still running. This distinction is important because waiting an additional 90 days to start the name change process is unnecessary and delays the completion of document updates.
Special Considerations for Parents Changing Their Name
Vermont parents of minor children who are changing their name after divorce should consider several practical factors beyond the legal procedure itself. Vermont Family Court requires parents of minor children to complete the COPE class (Coping with Separation and Divorce) at a cost of $79 per parent, or $30-15 for those demonstrating financial hardship. While the COPE class addresses co-parenting rather than name changes specifically, the divorce proceeding that includes the name restoration order cannot be finalized until both parents complete this requirement.
Parents should notify their children's school, pediatrician, health insurance provider, and any extracurricular organizations of the name change. Vermont schools typically require a certified copy of the decree to update parent records. Parents who wish to change a minor child's last name must file a separate petition (Form 700-00123) through the Probate Division, and children age 14 and older must provide their own written consent under 15 V.S.A. § 813. Changing a child's surname generally requires notice to and consent of both parents unless one parent's rights have been terminated.
Recent Changes to Vermont Name Change Law (2024-2026)
The most significant recent change to Vermont's name change after divorce law took effect on June 6, 2024, when an amendment to 15 V.S.A. § 558 updated the statute's language to be more inclusive and presumptive in favor of granting name restorations. The amended statute uses the phrase "the court shall allow a spouse to resume the spouse's prior name or the name of a former spouse," replacing older language and making clear that name restoration is a right, not merely a discretionary privilege.
This 2024 amendment also expanded the scope of names that can be restored. Under the current language, a divorcing spouse may resume either a maiden name (birth name) or the name of a former spouse from a prior marriage. Previously, the statute was interpreted more narrowly in some courts. No additional changes to Vermont's name change statutes have been enacted in 2025 or 2026. Procedural updates in January 2026 streamlined electronic filing for civil matters, including name change petitions, making it easier to file by email rather than requiring in-person visits.
Vermont Property Division and Its Impact on Name Changes
Vermont follows an equitable distribution model for property division under 15 V.S.A. § 751, and the state's unique "all-property" doctrine gives courts jurisdiction over all assets owned by either spouse regardless of when or how they were acquired. While property division does not directly affect name change eligibility, jointly held assets such as real estate deeds, vehicle titles, and business registrations may need to be updated to reflect both the property division order and the name change simultaneously.
When a divorcing spouse receives real estate in the property settlement and also restores a prior name, the property deed should be updated to reflect the new (restored) name. Vermont recording fees for a corrective deed typically range from $15-30 per page. Coordinating property transfers and name changes at the same time through a single attorney can reduce overall legal costs by $200-500 compared to handling each matter separately.
Frequently Asked Questions
How much does it cost to change your name after divorce in Vermont?
A name change after divorce in Vermont costs $0 when included in the divorce decree under 15 V.S.A. § 558, beyond the standard divorce filing fee of $90 (uncontested) or $295 (contested). A separate name change petition filed after the divorce is final costs $150 in filing fees plus approximately $100-200 for mandatory newspaper publication, totaling $260-365.
Can I change my name back to my maiden name in the Vermont divorce decree?
Yes. Under 15 V.S.A. § 558, amended effective June 6, 2024, Vermont courts "shall allow" a spouse to resume a prior name as part of the divorce decree. Simply include the request in your divorce complaint or stipulation. The court grants the restoration unless the other spouse demonstrates good cause to deny it, which is rare in practice.
Do I need a lawyer to change my name after divorce in Vermont?
No. Vermont allows self-represented parties to request name restoration in divorce proceedings and to file separate name change petitions without an attorney. The Vermont Judiciary provides Form 700-00122 for Probate Court name changes and self-help resources at vermontjudiciary.org. The Access and Resource Center at 802-879-1185 offers free procedural guidance.
How long does a name change after divorce take in Vermont?
A name change included in a Vermont divorce decree takes effect immediately when the court enters the decree. A separate Probate Court name change petition takes 6 to 12 weeks due to the mandatory 3-week newspaper publication period, the Sex Offender Registry check, and court processing time. Updating all identification documents adds an additional 4 to 8 weeks.
What if my divorce decree does not include a name change?
If your Vermont divorce decree did not include a name restoration order, you must file a separate Petition of Adult to Change Name (Form 700-00122) in the Probate Division of the Superior Court where you reside. The filing fee is $150 under 32 V.S.A. § 1431. This process requires newspaper publication for 3 consecutive weeks and a Sex Offender Registry check.
Can I change my name to something other than my maiden name after divorce?
Yes, but the process differs. Under 15 V.S.A. § 558, the divorce decree allows restoration of a "prior name or the name of a former spouse." To adopt an entirely new name that you have never previously held, you must file a separate Probate Court petition under 15 V.S.A. § 811 at a cost of $150, regardless of whether the divorce is pending or final.
Is there a time limit to change my name after divorce in Vermont?
No. Vermont imposes no deadline for requesting a name change after divorce. You can request name restoration in the divorce decree at any point before the decree is entered, or file a separate Probate Court petition months or years after the divorce is final. However, the longer you wait, the more identification documents accumulate in your married name, making updates more burdensome.
Can my ex-spouse prevent me from changing my name after divorce?
Vermont law strongly favors granting name restorations. Under 15 V.S.A. § 558, the court "shall allow" a name change "unless good cause is shown to the contrary." Courts have interpreted "good cause" narrowly, typically limiting denials to situations involving fraud or intent to evade legal obligations. A former spouse's personal objection to the name change is not considered good cause for denial.
Do I need to publish my name change in a newspaper?
Only if you file a separate Probate Court petition. Name restorations granted through the divorce decree under 15 V.S.A. § 558 require no newspaper publication. Separate name change petitions filed under 15 V.S.A. § 812 require publication for 3 consecutive weeks in a newspaper circulating in the county where you reside, costing approximately $100-200 depending on the publication.
Can I get the filing fee waived for a name change petition?
Yes. Vermont courts waive the $150 name change filing fee for individuals who demonstrate financial hardship. Eligibility includes recipients of Reach Up (TANF), 3SquaresVT (SNAP), Medicaid, or those whose income falls below federal poverty guidelines. Submit the Application to Waive Filing Fees and Service Costs, available at the court clerk's office or at vermontjudiciary.org.