South Carolina Divorce Name Change Checklist

Request the name change in your divorce pleadings, then testify at your final hearing that you want to resume your maiden or former name for personal reasons. The judge will include the authorization in your final divorce decree under S.C. Code § 20-3-180, which serves as your legal name change document. After receiving certified copies of your decree, update your Social Security card first (free), then your SC driver's license ($10-$25), followed by all other documents and accounts.

No separate court petition is required if you include the name change request in your original divorce proceedings. South Carolina Code § 20-3-180 specifically authorizes family court judges to allow name changes as part of a final divorce decree or separate maintenance order. Your divorce decree itself becomes your legal name change document. However, if your divorce is already finalized and you did not request a name change at that time, you will need to file a separate name change petition through the courts.

You need 3-5 certified copies of your divorce decree showing the name change authorization from your county Clerk of Court ($2-$5 each). Additional required documents include your current Social Security card, SC driver's license, birth certificate, and U.S. passport if applicable. For professional licenses regulated by SC LLR, submit a written request with a copy of your decree. Financial institutions typically require government-issued ID in your new name plus the divorce decree.

Total costs range from $45-$125. Certified divorce decree copies cost $2-$5 each from the Clerk of Court. The Social Security Administration name change is free. SC DMV charges $10 for a standard license or $25 for a REAL ID. Passport updates cost $130 for mail-in renewal (Form DS-82) or $165 for in-person applications. Professional license updates through SC boards typically cost $10-$25. Bank and credit card updates are generally free.

The complete process typically takes 4-8 weeks. After receiving your divorce decree, Social Security card updates take 2-4 weeks by mail. You must wait 48 hours after your SSA update before visiting the DMV, which issues new licenses immediately. Passport processing takes 6-8 weeks for routine service or 2-3 weeks for expedited ($60 extra). Most banks and institutions update records within 5-10 business days after receiving documentation.

No, changing your name after divorce is entirely optional in South Carolina. You have the legal right to keep your married name indefinitely, and no one—including your former spouse—can force you to change it. Many people keep their married name for professional continuity, to match their children's surname, or simply because they prefer it. If you decide to change your name later, you can file a separate name change petition through family court at any time.

Changing a child's name in South Carolina requires consent from both parents and appointment of a Guardian ad Litem to represent the child's best interests, regardless of parental agreement. The court considers factors including how long the child has used the current name, the effect on parent-child relationships, and the child's preference if age-appropriate. If one parent objects, the requesting parent must prove the change serves the child's best interests. This process takes longer than adult name changes due to the required GAL investigation.

Always start with the Social Security Administration before updating any other documents. Visit ssa.gov or your local SSA office with your certified divorce decree and current ID to complete Form SS-5 (free service). Wait 48 hours after your SSA update for the records to sync before visiting the SC DMV. All other agencies—banks, employers, insurance companies, professional licensing boards—require your updated Social Security card or at minimum verification that SSA has processed your name change.