Mississippi Divorce Name Change Checklist

Request name restoration in your divorce petition and marital settlement agreement before your divorce is finalized—the Mississippi Chancery Court will include the order in your final decree. Once you have certified copies of your decree, update your Social Security card first (free with Form SSA-5), then visit Mississippi DPS for a new driver's license ($11). Use these updated documents to change your name with banks, employers, and other institutions.

No separate court order is required if your Mississippi divorce decree includes a name restoration provision. Under Mississippi Code § 93-17-1, the Chancery Court can restore your former name as part of the divorce judgment. However, if you did not request name restoration during divorce proceedings, you must file a separate name change petition with the Chancery Court in your county of residence, which costs $148-$153 and requires newspaper publication.

You need 3-5 certified copies of your Mississippi divorce decree showing the name restoration order, available from the Chancery Clerk's office for $10-$20 per copy. The Social Security Administration requires your divorce decree plus proof of identity (current driver's license or passport). Mississippi DPS requires your updated Social Security card and divorce decree. Banks and employers may require notarized copies or original certified decrees.

Total costs range from $100-$200 for essential documents: certified divorce decree copies ($10-$20 each from the Chancery Clerk), Social Security card update (free), Mississippi driver's license replacement ($11), vehicle title transfer ($9), and ID card replacement ($11 if applicable). Additional costs include passport renewal ($130-$190 depending on processing speed) and property deed recording fees that vary by county.

Essential name changes take 4-8 weeks in Mississippi. Social Security processing requires 2-4 weeks for your new card. Mississippi DPS can update your driver's license the same day once SSA records are updated. Banks and credit cards typically process changes within 7-14 business days. Passport updates take 6-8 weeks for standard processing or 2-3 weeks expedited. Property deed recordings depend on your county recorder's backlog.

No, Mississippi law does not require you to change your name after divorce. You may keep your married name indefinitely for any reason—professional continuity, children's surname consistency, or personal preference. If you later decide to restore your maiden name, you can file a name change petition under Mississippi Code § 93-17-1 through the Chancery Court in your county of residence.

Changing a child's surname in Mississippi requires both parents' consent or a court order. Under Mississippi law, the non-requesting parent must be notified and has the right to object. The Chancery Court considers the child's best interests using factors from Albright v. Albright, including the child's preference if age 12 or older. A child's name change cannot be included in a standard divorce decree—it requires a separate petition under § 93-17-1.

Update your Social Security record first—Mississippi DPS verifies your name through the SSA database before issuing an updated driver's license. Complete Form SSA-5 online at ssa.gov, then bring your divorce decree to your local Social Security office within 45 days. The SSA does not accept photocopies; you must present an original certified divorce decree. This step is free and takes 2-4 weeks for your new card to arrive.