How to change your last name

The process depends on why you want to change it. If you're married, divorced, or have a court order, you can change your name through your state's vital records office or court system — usually without hiring a lawyer. If you want to change it for other reasons, you'll file a petition in your local district or circuit court and attend a hearing where a judge decides whether to grant it. The whole process takes between two weeks and three months, costs between $100 and $500 in filing fees, and requires you to update your Social Security card, driver's license, and passport afterward.

The fastest and cheapest route is almost always a marriage name change, which requires only your marriage certificate and a trip to the Social Security office. Divorce name changes are nearly as simple if you request them during the divorce itself. Court petitions for other reasons take longer and cost more, but judges rarely deny them unless they suspect fraud.

Key Takeaways

  • Marriage name changes are the fastest route: you can often change your name on your Social Security card and driver's license using only your marriage certificate, without filing anything in court.
  • Divorce decrees usually include a name change automatically if you request it during the divorce, but you can also file for a name change separately afterward.
  • For any other reason, you must file a petition in your local district or circuit court, pay a filing fee, and appear before a judge who will decide whether to grant it.
  • After any name change is approved, you must update your Social Security card first, then your driver's license, then your passport and other documents — in that order.
  • Some states allow you to change your name by filing paperwork with the vital records office instead of going to court, but rules vary widely by state.

Name change through marriage

When you marry, most states let you change your last name to your spouse's name (or any other name you choose) without filing anything in court. You simply use your marriage certificate as proof of the name change when you update your Social Security card and driver's license.

To do this, go to your local Social Security office with your marriage certificate, current ID, and a completed Form SS-5 (Application for a Social Security Card). The Social Security Administration will issue you a new card with your new name. Once you have the new Social Security card, take it to your state's Department of Motor Vehicles along with your marriage certificate and current driver's license to get a new license with your new name.

Some states also let you change your name on your birth certificate using the marriage certificate. Contact your state's vital records office to find out whether this is possible where you live and what documents you need to send them. This step is optional but useful if you want your birth certificate to match your current legal name.

Name change through divorce

If you want to change your name as part of a divorce, the easiest time to do it is during the divorce itself. Tell your attorney (or the court, if you're representing yourself) that you want your maiden name or another name restored, and the judge will include it in the final divorce decree.

If your divorce is already final and you didn't request a name change then, you can file for one separately in the same court that handled your divorce. You'll need to file a petition for name change, pay a filing fee (usually $100 to $300), and the judge will almost always grant it because you have a legitimate reason — the divorce decree itself. Some states let you do this by mail; others require you to appear in court.

Once the court approves your name change, follow the same steps as a marriage name change: update your Social Security card first, then your driver's license, then your passport and other documents. Keep a certified copy of your divorce decree or the name change order — you'll need it to prove the change is legal.

Name change by court petition

If you're not married or divorced and want to change your name for any other reason — including gender transition, religious conversion, or simply preferring a different name — you must file a petition in your local district or circuit court. The exact process varies by state, but the basic steps are the same everywhere.

First, get the petition form from your court's website or clerk's office. Fill it out with your current name, the name you want, and your reason for the change. Some courts require you to state your reason; others do not. File the completed petition with the court clerk, pay the filing fee (usually $150 to $500), and ask the clerk when your hearing will be scheduled.

At the hearing, you'll appear before a judge and explain why you want to change your name. The judge will ask you questions to make sure you're not doing it to commit fraud or evade debt. If the judge approves, you'll receive a court order with your new name. If the judge denies it, you can file again in a different county or state, but you cannot appeal the decision in most states.

Name change by vital records filing (some states only)

A few states — including California, Florida, and some others — let you change your name by filing paperwork directly with the vital records office or county clerk, without going to court. This is faster and cheaper than a court petition, but it's only available in certain states and only for certain reasons.

Check your state's vital records office website to see whether this option is available where you live. If it is, you'll typically fill out a form, pay a small fee, and wait for approval by mail. The process usually takes two to four weeks. Once approved, you'll receive a certified copy of your name change order, which you can use to update your Social Security card and driver's license just as you would after a court petition.

Updating your documents after a name change

After your name change is approved — whether by marriage, divorce, court order, or vital records filing — you must update your documents in a specific order. Start with your Social Security card, because many other agencies require your Social Security number to match your name.

Go to your local Social Security office with your court order or marriage certificate, your current ID, and a completed Form SS-5. The Social Security Administration will issue a new card with your new name within two weeks. Once you have the new card, take it to your state's Department of Motor Vehicles along with your court order or marriage certificate and your current driver's license to get a new license.

After your driver's license is updated, use it to update your passport (if you have one), your bank accounts, your employer's payroll system, your insurance policies, your voter registration, and any other documents that have your name on them. Keep copies of your court order or marriage certificate — you'll need to show it to prove your name change is legal.

What happens if you change your name and then want to change it back

You can change your name back to your original name using the same process you used to change it the first time. If you changed it by marriage, you can change it back by divorce or by filing a court petition. If you changed it by court petition, you can change it back the same way.

There is no waiting period or limit on how many times you can change your name, but each change requires a new filing fee and (in most cases) a court appearance. Some judges may ask why you're changing your name again, but they rarely deny a request to change it back to your original name. The whole process is the same as your first name change.

Frequently Asked Questions

Do I need a lawyer to change my name?

No. For marriage and divorce name changes, you don't need a lawyer at all — you can do it yourself using your marriage certificate or divorce decree. For a court petition, you can file it yourself without a lawyer, though some people hire one to help with the paperwork. The court will not require you to have a lawyer present at your hearing.

How long does a name change take?

Marriage name changes are the fastest: you can update your Social Security card and driver's license within a few weeks. Divorce name changes take as long as the divorce itself, or a few weeks if you file separately after the divorce is final. Court petitions usually take four to twelve weeks from filing to hearing to approval, depending on how busy your court is.

Can I change my child's name?

Yes, but the process is different from changing your own name. You'll file a petition in family court, and in most states you need consent from both parents (or a court order if one parent won't consent). The court will consider what is in the child's best interest. Fees and timelines are similar to adult name changes.

Will a name change show up on a background check?

Yes. Background checks will show your current name and any previous names you've used. This is normal and legal. Employers and landlords will see that you changed your name, but they cannot discriminate against you for doing so.

What if I'm changing my name because of gender transition?

The process is the same as any other court petition for name change. Some states have specific forms or procedures for gender-related name changes, and some courts are more familiar with these cases than others. You can contact a local LGBTQ+ legal organization for help finding a court that handles these cases regularly and for assistance with the paperwork.