How to
How to change your name legally: marriage, divorce or a court order
Key points
- Marriage
- Most people who take a spouse's last name don't need a court: the marriage certificate is the proof. In California, the new name must be written on the marriage license application.
- Divorce
- You can ask the court to restore a former name in the divorce judgment, and in California you can still ask after the divorce is final.
- Court order
- Any other new name takes a petition in the county where you live. California requires four weekly newspaper publications unless an exception applies; Texas and Florida require fingerprints for most adults.
- Then
- Update Social Security first, then your driver's license. Texas and Florida give you 30 days to update your license.
Quick guide
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There are three common ways to change your legal name in the US: through marriage, through a divorce, or by asking a court for an order. Which one you can use depends on the name you want and the state you live in. Marriage and divorce usually let you take a spouse's name or go back to a former one without a separate case. Any other new name, and most changes to a child's name, take a petition to a state court.
Below: the three ways, step by step; what a court petition asks for in California, Texas, Florida and New York; newspaper publication, the hearing and the exceptions for people in danger; changing a child's name; and the order in which to update Social Security, your driver's license, your passport and your tax records. This page explains the law; it is not legal advice about your case.
Three ways to change your name
You might change your name through marriage, divorce or a court. The process can vary between states, and after any of them you update your new name with each government agency yourself. USAGov: name change
| Marriage | Divorce | Court order | |
|---|---|---|---|
| What you can choose | Usually a spouse's last name, or a combination of both last names, within your state's limits | A former name, such as your birth name | Any name, for a reason that is not against the public interest or meant to defraud |
| What proves it | A certified copy of the marriage certificate | The divorce judgment or decree, or a court order restoring the name | The court order or decree changing the name |
| Court case needed? | No, in most cases | Only the divorce case itself, or a short request after it | Yes: a petition, and in some states a hearing and publication |
A name change does not end any debt or right you had under your old name. In Texas, it does not release you from a liability incurred in your previous name or defeat a right you had in it. Tex. Fam. Code §§ 45.005, 45.104
You also have a common law right to change your name by using a new one. California and New York statutes keep that right, and in New York the new name must be used consistently and without intent to defraud. In practice, agencies usually ask for a document: for a passport, for example, a name adopted only by usage needs evidence of public and exclusive use, in general for five years. Cal. Code Civ. Proc. § 1279.5 · N.Y. Civ. Rights Law § 65 · 22 C.F.R. § 51.25
Changing your name after marriage
Before you marry, you apply for a marriage license, and after the wedding your marriage certificate shows your new name. Most organizations in the US accept a completed marriage license as legal proof of the name change, so you usually don't need to go to court. USAGov: name change · Texas State Law Library: Name Changes After Marriage
- California: decide on the license application. One or both spouses may choose a new middle or last name by writing it in the spaces on the marriage license application. The last name can be the other spouse's current or birth last name, or a name combining both. You can't add a new name to the license after you are married; then you need a court order.Cal. Fam. Code § 306.5 · California Courts: name change through marriage
- Texas: a spouse's last name without a court. The driver license rule waives the court order if you take your spouse's last name, keep your birth surname as a middle name, or hyphenate. A new first name, or a merged name that combines both last names, may take a court order.Texas State Law Library: Name Changes After Marriage
- New York: elect it with the license. A party to a marriage may elect to change the surname by which they wish to be known after the marriage, through the marriage license.N.Y. Dom. Rel. Law § 15 · N.Y. Civ. Rights Law § 65
- Passport. Federal passport rules recognize a new name adopted after marriage when you present a copy of the marriage certificate.22 C.F.R. § 51.25
You never have to change your name when you marry. In California, spouses are not required to have the same name, and a business may not refuse to serve you, or require you to use another name, because you use your birth name, a former name or the name you took when you married. Cal. Fam. Code § 306.5 · Cal. Code Civ. Proc. § 1279.6
Going back to a former name after divorce
When you file for divorce, you can usually ask to go back to the name you used before you married, as part of the case. This route only restores a former name: for a completely new name you need a separate court petition. USAGov: name change · California Courts: name change in your divorce case
| State | How a former name is restored |
|---|---|
| California | In a divorce or annulment, the court must restore your birth name or former name on your request, even if you didn't ask in the petition, and it can be refused only for fraud, not because your child has a different name. If the divorce is already final, you can ask with form FL-395. Cal. Fam. Code §§ 2080, 2081 · California Courts: name change in your divorce case |
| Texas | The divorce decree must change your name to one you used before if you specifically ask, unless the court states a reason for denying it; it may not deny it only to keep family last names the same. Tex. Fam. Code §§ 6.706, 45.105 |
| Florida | The name-change statute does not apply to a change of name made in the divorce case itself. A separate petition to restore a former name needs no fingerprint check, and its hearing may be held as soon as it is filed. Fla. Stat. § 68.07 |
| New York | Every divorce or annulment judgment must say that each party may resume a premarriage surname or any other former surname. N.Y. Dom. Rel. Law § 240-a · N.Y. Civ. Rights Law § 65 |
California costs. If the request after your divorce is the first paper you file in your case, you may have to pay a filing fee of about $435 to $450; if you already paid one, you may not need to pay again. Certified copies of the signed order cost about $40 each, and you can ask for a fee waiver. California Courts: name change in your divorce case
Texas: a change of name certificate. Because a divorce decree may contain personal details, you can ask the court clerk for a one-page change of name certificate instead, for a $10 fee. The certificate is proof of the change. Tex. Fam. Code § 45.106 · Texas State Law Library: Name Changes through Divorce
Changing your name by court petition
In most cases, any other change takes a petition to a court, and you may need to appear before a judge. You file in the county where you live; the petition is sworn and states your present name, the name you want and the reason. The court usually orders the change unless it would be fraudulent or against the public interest, and some states add steps for people with a criminal record. USAGov: name change · Cal. Code Civ. Proc. § 1276 · Tex. Fam. Code §§ 45.101, 45.102
| State | Where and what | Extra steps |
|---|---|---|
| California | Superior court of the county where you live. The petition gives your place of birth, residence, present name, proposed name and reason. A person who lives in another state may petition to change a name on a California birth or marriage certificate. Cal. Code Civ. Proc. § 1276 | A filing fee of $435 to $450, or a fee waiver; newspaper publication unless an exception applies. A judge decides in about 2 to 3 months. California Courts: change your name |
| Texas | The county where you live, usually through the district clerk's office. The sworn petition includes whether you have a final felony conviction or must register as a sex offender. Tex. Fam. Code §§ 45.101, 45.102 · Texas State Law Library: Name Changes for Adults | Two fingerprint cards, one sent to the Department of Public Safety for a background check; a hearing in some counties. With a final felony conviction, the court may order the change only in limited cases, such as after a pardon or at least two years after discharge or completed community supervision. Tex. Fam. Code § 45.103 · Texas State Law Library: Name Changes for Adults |
| Florida | The court of the county where you live. The sworn petition lists your residences since birth, your work for the 5 years before filing, any criminal record, judgments and bankruptcy, and says it is filed for no ulterior or illegal purpose. Fla. Stat. § 68.07 | A state and national fingerprint check before the hearing, except to restore a former name; you pay its cost. The hearing may be held once the clerk has the results. Fla. Stat. § 68.07 |
| New York | County court or supreme court of your county, or the civil court in New York City. The petition states any conviction, judgments or liens, and child or spousal support you owe; if you were born in New York, attach your birth certificate. N.Y. Civ. Rights Law §§ 60, 61 | The court grants the order if the petition is true and there is no reasonable objection; the order is entered and filed in the county clerk's office. N.Y. Civ. Rights Law § 63 |
A criminal record. In California, a court must deny a petition from a person required to register as a sex offender unless granting it is in the best interest of justice and does not adversely affect public safety; every petitioner declares under penalty of perjury whether they must register. Cal. Code Civ. Proc. § 1279.5
Publication, the hearing and the exceptions
California. The court makes an order to show cause that sets a hearing 6 to 12 weeks away and tells anyone who objects to file a written objection at least two court days before it. The order is published in a newspaper of general circulation in the county: four weekly publications are enough. If no one objects in time, the judge may grant the petition without a hearing. Cal. Code Civ. Proc. §§ 1277, 1278
At a hearing, the judge may question the petitioner and anyone who objects under oath, and then grant or dismiss the petition. Cal. Code Civ. Proc. § 1278
- Safety. If you are changing your name to avoid domestic violence, stalking, sexual assault or human trafficking and you take part in the state's address confidentiality program, there is no publication, the proposed name stays confidential, and you can ask to seal the papers.Cal. Code Civ. Proc. § 1277
- Gender identity. A petition to conform your name to your gender identity is exempt from publication. For an adult, the court enters the order without a hearing within six weeks of filing, unless a sex offender rule applies.Cal. Code Civ. Proc. § 1277.5
- Other exceptions. A minor under the juvenile court and a witness in the state's relocation program are exempt from publication too.Cal. Code Civ. Proc. § 1277
New York. The statute, as it reads today, has no newspaper step: the court decides on the petition and the order is filed with the county clerk. The court may not require any pre-hearing notice beyond what the law lists, and it must seal the records if an open record would jeopardize your personal safety, considering the risk of violence or discrimination. N.Y. Civ. Rights Law §§ 62, 63, 64-a
Texas and Florida. Texas holds a virtual or in-person hearing in some counties, and Florida holds the hearing after the fingerprint results arrive, or right away when a former name is restored. Texas State Law Library: Name Changes for Adults · Fla. Stat. § 68.07
Changing a child's name
A child's name does not change automatically when a parent's name changes, and a name change does not change who the child's legal parents are. A parent or guardian files the petition, and the court decides by the child's best interest. Texas State Law Library: Changing a Child's Name · California Courts: change your name
| State | The other parent | Also |
|---|---|---|
| California | If only one parent signs the petition, the other parent must be served with notice of the hearing at least 30 days before it. If both parents don't consent, the court may deny any part of the change that is not in the child's best interest. Cal. Code Civ. Proc. §§ 1277, 1278.5 | A person under 18 petitions through a parent or guardian. Cal. Code Civ. Proc. § 1276 |
| Texas | Each parent whose rights have not been terminated is entitled to citation, and may waive it in writing after the petition is filed. Tex. Fam. Code §§ 45.003, 45.0031 | A child 10 years of age or older must give written consent, attached to the petition. Tex. Fam. Code § 45.002 |
| Florida | When only one parent petitions, the other parent must be served, or given notice by publication if they live out of state. Fla. Stat. § 68.07 | Spouses and their minor children may join in one petition. Fla. Stat. § 68.07 |
| New York | Notice must be served on both parents, or on the other parent when one parent petitions; a parent outside the state gets it by registered mail. N.Y. Civ. Rights Law § 62 | The court must find the change will substantially promote the child's interests. N.Y. Civ. Rights Law § 63 |
If a parent's surname is changed by a New York court order, a minor child of that parent may afterwards take the changed surname. N.Y. Civ. Rights Law § 64
After the change: update Social Security first
There is no one place to update every record: you take your court order, marriage certificate or divorce decree to each agency, and many ask for a certified copy. Notify the Social Security Administration early, because other agencies learn of name changes through it. California Courts: update your documents · USAGov: name change
- Social Security. Use Form SS-5, the application for a Social Security card, at a local office or by mail, with a document that supports the change, such as an original or certified copy of the marriage certificate. There's no fee, and your Social Security number stays the same. The form is at SSA.gov or by calling 800-772-1213. IRS: name change after marriage or divorce · IRS Publication 17 · California Courts: update your documents · Texas State Law Library: updating your documents
- Driver's license or state ID. Do it after Social Security: the California DMV first verifies your information with Social Security. Texas requires you to notify the Department of Public Safety and apply for a duplicate license within 30 days, and Florida requires a replacement license within 30 days. California DMV · Tex. Transp. Code § 521.054 · Fla. Stat. § 322.19
- Passport. Send a copy of the court order, the divorce decree or the marriage certificate with your application. A passport issued 1 year ago or less can be reissued in the new name at no cost on form DS-5504; eligible renewals use form DS-82. 22 C.F.R. § 51.25 · Federal Register: forms DS-5504 and DS-82
- Taxes. Every name on your tax return must match Social Security's records, so update Social Security before you file. IRS: name change after marriage or divorce · USAGov: name change
- Everything else. Voter registration, the post office, bank accounts, a green card or naturalization certificate, and veterans benefits if you receive them. USAGov: name change · Texas State Law Library: updating your documents
New York. A name change order or other official documentation is enough to change your name on any record kept by the state or by a private entity, including school records and marriage certificates, and the state may not charge a fee solely to change the name on a license or other ID after a change in marital status. N.Y. Civ. Rights Law §§ 64, 65
Checklist
What to update, in order
Tick each record as you update it.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Getting help
Court self-help centers explain the local forms and filing steps. In California, the courts' self-help guide walks through each type of name change, and in Texas the State Law Library lists forms and the clerk's office answers filing questions. California Courts: change your name · Texas State Law Library: Name Changes for Adults
Common questions
How do I legally change my name?
Through marriage, using your marriage certificate; through a divorce, by asking the court to restore a former name; or by filing a petition with the court in the county where you live. Then update Social Security first, followed by your driver's license, passport and other records.
How do I change my name after marriage?
Usually your marriage certificate is the proof: you take a certified copy to Social Security, then to the DMV and the other agencies. In California, the new name must be written on the marriage license application before the wedding. The marriage route covers a middle or last name; a new first name usually takes a court petition.
Can I go back to my maiden name after divorce?
Yes. Ask the court to restore your former name in the divorce judgment. In California you can also ask after the divorce is final, and the court must restore it unless there is fraud. In New York, every divorce judgment says each party may resume a former surname.
How much does a legal name change cost?
It depends on the state. In California, the filing fee is about $435 to $450, plus the cost of newspaper publication, and you can ask for a fee waiver. A Texas change of name certificate costs $10. Updating your Social Security card is free.
How long does a name change take?
In California, a judge decides in about 2 to 3 months, and the hearing is set 6 to 12 weeks after the order to show cause. A California adult's petition to match their gender identity is granted without a hearing within six weeks of filing.
Do I have to publish my name change in the newspaper?
In California, usually yes: four weekly publications, unless you are in the state's address confidentiality program because of violence or stalking, the petition is to match your gender identity, or another exception applies. New York's statute has no publication step.
Can I change my child's name without the other parent?
You can file, but the other parent must be given notice: in California at least 30 days before the hearing. The court decides by the child's best interest, and in Texas a child 10 or older must consent in writing.
What do I update first after a name change?
Social Security. The California DMV and the IRS check your name against Social Security's records, so update it first with Form SS-5, then your driver's license, passport and tax records.
Can I change my name without going to court?
Yes, after marriage or divorce, using the marriage certificate or the divorce judgment. California and New York also keep the common law right to use a new name consistently and without intent to defraud, but agencies usually ask for a court order or another document.
Official sources
- USAGov: How to change your name and what government agencies to notify usa.gov
- IRS: Changed your name after marriage or divorce? irs.gov
- IRS Publication 17 (2025): name change and Form SS-5 irs.gov
- 22 C.F.R. § 51.25: name of applicant to be used in passport govinfo.gov
- Federal Register, February 18, 2025: State Department notices on passport forms DS-82 and DS-5504 (PDF) govinfo.gov
- California Courts Self-Help Guide: Change your name in California selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Change your name when you get married selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Change your name in your divorce case selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Update your legal identity documents selfhelp.courts.ca.gov
- California Code of Civil Procedure § 1276: the petition leginfo.legislature.ca.gov
- California Code of Civil Procedure § 1277: order to show cause, publication and exceptions leginfo.legislature.ca.gov
- California Code of Civil Procedure, Title 8: Change of Names (§§ 1275-1279.6, including both versions of § 1277.5) leginfo.legislature.ca.gov
- California Code of Civil Procedure § 1278: hearing and order leginfo.legislature.ca.gov
- California Code of Civil Procedure § 1278.5: a minor's name without both parents' consent leginfo.legislature.ca.gov
- California Code of Civil Procedure § 1279.5: common law right; sex offender registrants leginfo.legislature.ca.gov
- California Code of Civil Procedure § 1279.6: businesses and a person's birth or married name leginfo.legislature.ca.gov
- California Family Code § 306.5: name change on the marriage license leginfo.legislature.ca.gov
- California Family Code § 2080: restoring a former name in a divorce leginfo.legislature.ca.gov
- California Family Code § 2081: restoration denied only for fraud leginfo.legislature.ca.gov
- California DMV: Updating information on your driver's license or ID card dmv.ca.gov
- Texas Family Code, Chapter 45: change of name (§§ 45.001-45.107) tcss.legis.texas.gov
- Texas Family Code, Chapter 6 (§ 6.706: change of name in a divorce decree) tcss.legis.texas.gov
- Texas Transportation Code, Chapter 521 (§ 521.054: notice of change of name) tcss.legis.texas.gov
- Texas State Law Library: Name Changes in Texas guides.sll.texas.gov
- Texas State Law Library: Name Changes for Adults guides.sll.texas.gov
- Texas State Law Library: Changing a Child's Name guides.sll.texas.gov
- Texas State Law Library: Name Changes After Marriage guides.sll.texas.gov
- Texas State Law Library: Name Changes through Divorce guides.sll.texas.gov
- Texas State Law Library: Updating Your Documents after a Name Change guides.sll.texas.gov
- Florida Statutes § 68.07 (2026): change of name flsenate.gov
- Florida Statutes § 322.19 (2026): change of name on a driver license flsenate.gov
- New York Civil Rights Law § 60: petition for change of name nysenate.gov
- New York Civil Rights Law § 61: contents of the petition nysenate.gov
- New York Civil Rights Law § 62: notice nysenate.gov
- New York Civil Rights Law § 63: order nysenate.gov
- New York Civil Rights Law § 64: effect nysenate.gov
- New York Civil Rights Law § 64-a: sealing name change papers nysenate.gov
- New York Civil Rights Law § 65: name change on marriage, divorce or annulment nysenate.gov
- New York Domestic Relations Law § 15: marriage license and surname nysenate.gov
- New York Domestic Relations Law § 240-a: former surname in a divorce judgment nysenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.