How to change your last name

The process depends on why you want to change it. If you're married, divorced, or changing your name by court order, each route uses different paperwork and takes different amounts of time. Most states let you change your name through the court system, and some allow name changes during divorce proceedings at no extra cost. You'll need to update your Social Security record, driver's license, and passport separately after the court approves the change — the court order itself doesn't automatically update those documents.

The fastest route is usually through marriage or divorce because those use existing legal documents. A standalone court petition takes longer but works for any reason. No matter which path you take, you'll end up doing the same final step: updating government agencies one by one with your new name.

Key Takeaways

  • Marriage name changes are often the fastest route because many states let you change your name on your driver's license and Social Security card using your marriage certificate alone, without a court order.
  • Divorce name changes can be included in your divorce decree at little or no extra cost, which is simpler than filing a separate name-change petition later.
  • Court-ordered name changes require filing a petition in your county district court, paying a filing fee (usually $100 to $300), and sometimes appearing before a judge.
  • After any name change is approved, you must update Social Security, your driver's license, passport, and bank or employer records yourself — the court does not do this automatically.
  • Processing times vary: marriage name changes can take weeks, divorce decrees take months, and court petitions typically take four to eight weeks after filing.

Changing your name through marriage

If you're getting married and want to take your spouse's last name, you don't need a court order in most states. Instead, you can use your marriage certificate to update your name with Social Security and your state's Department of Motor Vehicles. The marriage certificate itself serves as proof of the name change.

To start, get a certified copy of your marriage certificate from the county clerk's office where you were married. Then contact your local Social Security office or go to ssa.gov to request a name change. You'll need to bring your marriage certificate, a valid ID, and your Social Security card. After Social Security updates your record, use that updated Social Security card and your marriage certificate to change your driver's license at your state's DMV. Some states also let you change your name on your passport using the marriage certificate and a completed passport application.

This route is usually free or costs only the fee for a certified marriage certificate (typically $10 to $25). The entire process usually takes two to four weeks if you do it in person, longer if you mail documents.

Changing your name during or after divorce

If you want to change your last name as part of a divorce, ask your attorney to include a name-change request in the divorce petition. Many states allow this at no extra cost — the judge approves it as part of the final divorce decree. This is simpler and faster than filing a separate name-change petition after the divorce is final.

If your divorce is already final and you didn't include a name change, you can file a separate petition in the same court that handled your divorce. The process is the same as a court-ordered name change (see below), but the judge may waive the filing fee or reduce it because you're modifying an existing case. Once your divorce decree or name-change order is signed by the judge, follow the same steps as a marriage name change: update Social Security first, then your driver's license, then your passport and other records. Bring certified copies of your divorce decree or name-change order to each agency.

Filing a court petition for a name change

If you're not married or divorced and want to change your name, you'll file a petition in your county's district court. The exact process varies by state, but the basic steps are the same everywhere. Start by contacting your county courthouse or visiting your state court's website to find the name-change petition form — some states call it a "Petition for Change of Name" or "Petition to Change Name."

Fill out the petition with your current name, the name you want, and your reason for the change. Most states don't require a reason, but some ask you to state one. File the petition at your county courthouse, pay the filing fee (usually $100 to $300), and the court will assign a hearing date. Some states allow you to request a hearing waiver if you have no objection to the change — the judge may approve it without you appearing in court. If a hearing is required, you'll attend briefly to confirm your request.

After the judge signs the order, you receive a certified copy. This is your proof of the name change. Take it to Social Security, your DMV, and any other agencies or employers that need to update your records. Processing time from filing to final order is typically four to eight weeks.

Updating your records after the name change is approved

A court order or marriage certificate approves the name change, but it doesn't automatically update your government records. You must do that yourself. Start with Social Security because many other agencies ask for your Social Security number and updated Social Security card.

Visit your local Social Security office or call 1-800-772-1213 to request a name change. Bring your court order or marriage certificate, a valid ID, and your Social Security card. Social Security will mail you a new card with your new name within two weeks. Once you have the new Social Security card, go to your state's DMV to update your driver's license or state ID. Bring the Social Security card, your court order or marriage certificate, and your current license.

Update your passport at a passport acceptance facility or passport agency. Bring your court order or marriage certificate, your current passport, and a completed passport application (Form DS-11 for in-person renewal). If you're renewing your passport anyway, you can include the name change at the same time. Update your bank accounts, employer records, insurance policies, and any other documents that list your name. Most institutions accept a certified copy of your court order or marriage certificate as proof.

State-by-state differences in name-change rules

Every state allows name changes, but the rules, fees, and forms differ. Some states require you to publish a notice of your name change in a local newspaper; others don't. Some charge higher filing fees than others. A few states have waiting periods between filing and the hearing; most don't. Your county courthouse can tell you what your state requires, or you can search your state court's website for name-change instructions.

If you're changing your name because of marriage, most states let you skip the court process entirely and use your marriage certificate. If you're changing your name for any other reason, you'll file in court. A few states have additional rules for name changes related to gender identity — some streamline the process, others have specific requirements. Contact your county courthouse or a local legal aid office if you have questions about your state's rules.

Frequently Asked Questions

Do I need a lawyer to change my name?

No. Name-change petitions are straightforward forms you can file yourself. Many courthouses have self-help centers that walk you through the process at no cost. A lawyer can help if your situation is complicated — for example, if you're concerned about privacy or if someone might object to the change — but most people file without one.

Can I change my child's last name?

Yes, but the process is more complex. You typically need consent from both parents, or a court order if one parent objects. Some states allow name changes as part of adoption or guardianship proceedings. Contact your county courthouse for the specific rules in your state and the forms you'll need.

How long does it take to change my name on my passport?

If you apply in person at a passport agency, it usually takes one to two weeks. If you mail your application, it takes two to four weeks. Expedited processing is available for an extra fee. Bring your court order or marriage certificate along with your current passport and the name-change application.

What if I want to change my name back to my maiden name but I'm not divorced yet?

You can file a separate name-change petition in court without waiting for the divorce to be final. It's faster and costs less than waiting. Alternatively, ask your divorce attorney to include the name change in your divorce petition so it's approved at the same time as the divorce.

Do I have to change my name everywhere at once?

No. Start with Social Security and your driver's license because those are the documents most agencies ask for. After that, update other records as you need to — when you renew your passport, change banks, or update your employer. There's no deadline, but having consistent records across agencies makes life simpler.