Can I Change Back to My Maiden Name During Divorce?

 Posted on March 26, 2025 in Divorce

Divorce is not just about ending a marriage– it can also be about reclaiming your independence and identity. Many people find that restoring their maiden name is a powerful way to close one chapter and get a fresh start. If you are going through a divorce in Illinois and want to change your name back, you have the legal right to do so. The process can be straightforward when handled correctly, and an experienced Illinois family law attorney can ensure your request is properly included during your divorce proceedings.

When Can I Request a Name Change in a Divorce?

State law allows a spouse to request a name change as part of the divorce process. Under 750 ILCS 5/413, a divorcing spouse may ask to restore the maiden name or a previously used name in the final divorce judgment. This means you can ask for the change before your divorce is finalized, which can make the transition easier by avoiding the need for a separate legal proceeding in the future.

How Do I Include a Name Change in My Divorce?

To change your name during a divorce, you must include your request in the divorce petition or respond to your spouse’s petition by stating that you want to revert to your maiden name. Your lawyer can make sure that this request is properly documented in the divorce paperwork. When the court finalizes the divorce, the judge will issue an order approving the name change as part of the final divorce decree.

What If I Did Not Request a Name Change During the Divorce?

If your divorce has already been finalized and you did not request a name change, you can still legally restore your maiden name. You will need to follow the standard name change process in Illinois, which involves filing a petition with the court, publishing a notice of the name change in a local newspaper, and attending a court hearing. This process is more time-consuming, so including the request in your divorce proceedings is often the simplest option.

Do I Need to Update My Name on Legal Documents?

Once your name change is approved, you will need to update it on all legal and financial documents. Some of the most important places where an update on your name change is crucial include:

• Social Security Administration (SSA)

• Driver’s license and state ID

• Passport

• Bank accounts and credit cards

• Insurance policies

• Employment records and payroll

• Utility bills and rental agreements

Most government agencies and financial institutions will require a certified copy of the divorce decree that shows the name change in order to process your request.

Can My Ex-Spouse Prevent Me From Changing My Name During the Divorce?

Your ex-spouse cannot stop you from reclaiming your maiden name. As long as you request the change during the divorce and follow the legal requirements, the court will approve your request.

Contact a Kane County, IL Divorce Lawyer

If you are considering a name change as part of your divorce, a St. Charles, IL family law attorney can help you through the process and ensure that your request is properly included in your divorce judgment. Contact Goostree Law Group today at 630-584-4800 to discuss your case and take the next steps toward your new beginning.