Name Change Divorce Florida: Complete 2026 Guide to Process, Timeline, and Costs

Name Change Divorce Florida: What You Need to Know in 2026

If you want to change your name during a Florida divorce, the process is straightforward: request the name change in your divorce petition, and the judge will include it in your final judgment. This is the simplest, fastest, and least expensive way to restore your former name after marriage.

In my experience handling divorce cases across Florida, I find that many clients either forget to request a name change or do not realize they need to ask for it specifically. Then they discover months later that their divorce decree says nothing about their name, and they are stuck with additional paperwork and fees.

This guide walks you through everything you need to know about name change divorce Florida procedures in 2026, including the exact process, realistic timelines, actual costs, and what to do if you missed your window.

How Name Changes Work in Florida Divorce Cases

Under Florida Statute 61.052, any party to a divorce proceeding may request restoration of a former name as part of the dissolution action. The key word here is "request." The court will not automatically change your name just because you are getting divorced.

The name change provision must be:

• Specifically requested in your petition for dissolution of marriage
• Included in your marital settlement agreement if you have one
• Stated in the final judgment of dissolution

Once the judge signs your final judgment with the name change included, that document becomes your legal proof of your new (or restored) name. You will use certified copies of this judgment to update your Social Security card, driver's license, passport, and other identification documents.

What Names Can You Request?

Florida courts are generally liberal about name restoration during divorce. You can request:

• Your maiden name (birth name)
• A name from a previous marriage
• Any former legal name you used before this marriage

However, if you want to change your name to something entirely new that you have never legally used, you cannot do this through divorce proceedings. That requires a separate formal name change petition under Florida Statute 68.07, which involves a more complex process including background checks and publication requirements.

Step-by-Step Process for Name Change in Florida Divorce 2026

Here is exactly how to ensure your name change is included in your Florida divorce:

Step 1: Include the Request in Your Initial Petition

When you file your Petition for Dissolution of Marriage, there is a specific section where you can request restoration of your former name. On the Florida Supreme Court approved family law forms, this is typically found near the end of the petition.

You must clearly state:

• That you are requesting a name change
• The exact name you want to restore (spelled correctly)
• That this was your former legal name

Do not assume your attorney or the court will add this automatically. I have seen cases where parties thought this was "obvious" and did not check the box or fill in the name. Result: a final judgment with no name change provision.

Step 2: Include It in Any Settlement Agreement

If you and your spouse reach a settlement, make sure your marital settlement agreement specifically addresses your name change. The language should clearly state that the court shall restore your name to your specified former name.

Even if your petition already includes this request, having it in the settlement agreement ensures nothing falls through the cracks when the final documents are prepared.

Step 3: Verify It Before the Final Hearing

Before your final hearing, review the proposed final judgment carefully. Make sure the name change language is included and your name is spelled correctly. This is not the time for assumptions.

During the final hearing, the judge may ask if you are requesting a name change. Answer clearly and confirm the exact name you want restored.

Step 4: Obtain Certified Copies

After the judge signs your final judgment, order multiple certified copies from the clerk of court. You will need these to update your identification documents. I recommend getting at least 3-5 certified copies, as some agencies require an original certified copy and will not return it.

Certified copies typically cost between 2 and 5 dollars per page depending on the county, plus any certification fees.

Timeline for Name Change During Florida Divorce

The timeline for your name change depends entirely on your divorce timeline since they happen simultaneously:

Uncontested Divorce Timeline

For uncontested divorces where both parties agree on all terms:

• Filing to final judgment: approximately 4-8 weeks minimum
• Name change becomes effective: immediately upon entry of final judgment
• Updating documents: 2-6 weeks after receiving certified copies

Florida requires a 20-day waiting period from the date of filing before a final judgment can be entered, but realistically, most uncontested cases take 4-8 weeks due to court scheduling and document processing.

Contested Divorce Timeline

For contested divorces that require litigation:

• Filing to final judgment: 6 months to over 2 years
• Name change becomes effective: immediately upon entry of final judgment
• Updating documents: 2-6 weeks after receiving certified copies

The important point is that your name change does not add any time to your divorce. It is simply included as part of the process at no additional timeline cost.

For more information about the overall divorce process, see our guide on Florida divorce residency requirements for 2026.

Costs for Name Change in Florida Divorce

Including a name change in your Florida divorce is remarkably inexpensive compared to a standalone name change petition.

Costs When Included in Divorce

• Additional filing fee for name change: typically 0 dollars
• Certified copies of final judgment: approximately 2-5 dollars per page
• Total additional cost: approximately 25-75 dollars for multiple certified copies

That is it. There is generally no separate fee to request a name change as part of your divorce proceeding. You are already paying the divorce filing fee, which ranges from approximately 400-410 dollars depending on the county.

Costs for Separate Name Change Petition

If you miss your chance during divorce, a separate name change petition under Florida Statute 68.07 involves:

• Filing fee: approximately 400 dollars
• Publication costs (required newspaper publication): approximately 100-150 dollars
• Certified copies: approximately 25-75 dollars
• Attorney fees if you need help: approximately 500-1,500 dollars

Total standalone name change cost: approximately 500-2,000 dollars or more.

This is why I strongly recommend handling your name change during your divorce. The savings are significant.

What If You Already Got Divorced Without Requesting a Name Change?

If your divorce is already finalized and you did not include a name change request, you have two options:

Option 1: File a Separate Name Change Petition

You can file a standalone Petition for Change of Name under Florida Statute 68.07. This requires:

This process typically takes 6-12 weeks and costs significantly more than including it in your divorce.

Option 2: Use Your Certified Divorce Decree Anyway (Limited Situations)

In some cases, if your final judgment references your maiden name or former name in the document even without a specific name change order, some agencies may accept this. However, this is not guaranteed and depends on the specific agency's policies. Social Security Administration in particular tends to be strict about requiring clear name change language.

If you need guidance on your options, consider scheduling a strategy session to discuss the most efficient path forward for your situation.

Updating Your Documents After the Name Change

Once you have your certified final judgment with the name change, update your documents in this specific order:

1. Social Security Card (Do This First)

Visit your local Social Security Administration office with:

• Certified copy of your final judgment of dissolution
• Proof of identity (driver's license or passport)
• Completed SS-5 form (Application for a Social Security Card)

This is free and typically takes 2-4 weeks to receive your new card.

2. Driver's License

Visit your local Florida DHSMV office with:

• Certified copy of your final judgment
• Your new Social Security card or receipt from SSA
• Current driver's license

Cost: approximately 25 dollars for the updated license.

3. Passport

Complete form DS-82 (renewal by mail) or DS-11 (in-person) with:

• Certified copy of your final judgment
• Current passport (if renewing)
• New passport photos

Cost: approximately 130-165 dollars depending on processing speed.

4. Other Documents

After completing the above, update:

• Bank accounts and credit cards
• Employer and HR records
• Insurance policies (health, auto, home)
• Voter registration
• Professional licenses
• Utility accounts
• Vehicle registration and title

Most of these can be done with a certified copy of your final judgment or your updated driver's license.

Special Situations and Considerations

Changing Children's Names

Changing your minor children's names during divorce is completely different and much more complex. You cannot simply include it in your divorce petition. A child's name change requires:

• Both parents' consent (or legal basis to proceed without consent)
• A separate petition under Florida Statute 68.07
• Best interests analysis by the court
• Potential guardian ad litem involvement in contested cases

See our article on guardian ad litem in Florida custody cases for more information on how these professionals assist in child-related matters.

Spouse Objects to Your Name Change

Your spouse has no legal standing to object to your name change during divorce. Under Florida Statute 61.052(3), the court shall restore a party's former name if requested. The only exception is if changing your name would somehow be used to defraud creditors or violate the law.

In my experience, objections from a spouse about name changes are extremely rare and even more rarely successful.

Domestic Violence Considerations

If you are in a domestic violence situation, changing your name during divorce can be an important safety measure. Florida law provides additional protections in these cases, including the ability to request sealed records.

Learn more about domestic violence and divorce in Florida for information on protective measures available to you.

Hyphenated Names and Double Names

If you hyphenated your maiden name with your spouse's name during marriage, you can request to drop the spouse's portion and return to your maiden name. The same applies if you added your spouse's name as a middle name.

Common Mistakes to Avoid

Based on cases I have handled, here are the most common mistakes people make with name changes in Florida divorce:

When You Need Professional Help

While including a name change in a Florida divorce is straightforward, some situations benefit from professional guidance:

• You filed for divorce pro se and are unsure if you included the name change properly
• Your divorce was finalized without a name change and you need to file separately
• You want to change your name to something other than a former legal name
• You have questions about changing children's names
• There are domestic violence concerns that complicate the process

Divorce.law offers unbundled legal services where you can get help with specific aspects of your case without hiring an attorney for full representation.

Moving Forward With Your Name Change

Changing your name during a Florida divorce is one of the simpler parts of an often complicated process. The key is remembering to request it specifically and early, including it in all relevant documents, and following up after your divorce is finalized to update your identification.

If you are contemplating divorce and have questions about name changes or any other aspect of the process, consider scheduling a strategy session to get clear guidance for your specific situation.

For those weighing their options between negotiation and litigation, our guide on divorce mediation vs litigation in Florida may help you understand which approach makes sense for your case.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.