For many people, reclaiming their maiden name after divorce represents a symbolic and practical step toward a fresh start. In New Jersey, the process for resuming a maiden name (or using any desired last name) is relatively straightforward, assuming specific procedures are correctly completed. Divorce lawyers routinely advise clients about navigating the name change process to ensure it is properly handled.
Legal Process for Resuming a Maiden Name In New Jersey
In New Jersey, the opportunity to resume a maiden name or former surname is built into the divorce process. Under N.J.S.A. 2A:34-21, either spouse may ask to resume using any name they had prior to the marriage as soon as their divorce is officially complete. The request can be included in the initial divorce complaint, in the answer or counterclaim, or made as a formal request before the final hearing.
When Can I Start Using My Maiden Name?
You can legally begin using your maiden name once the judge signs the final Judgment of divorce and includes the name change as part of the decree. But you must wait until the judgement is signed by the court before resuming use of your former name.
Using your maiden name before the court has approved the change does not carry legal weight. Government agencies, banks, and employers will not update your records until you show the divorce judgement as proof of your name change.
What If I Didn’t Request the Name Change During the Divorce Process?
If you did not request a name change during your divorce proceedings, all isn’t lost. You can still return to your maiden name at a later time. You’ll need to file a post-judgment motion with the court requesting the name change. Doing so is fairly simple with the help of your family law attorney and does not require reopening the entire divorce case.
The court generally grants such requests without requiring a separate legal name change petition, as long as the name being resumed was previously used, such as a maiden name or former married name. That said, once the motion is filed, you will need to attend a brief hearing or submit appropriate certifications, depending on the court’s preference.
How to Notify Agencies & Institutions About Your Name Change
Once you have a certified copy of the divorce judgement showing your name change, be sure to let the following agencies know.
Social Security Administration
Your first stop should be the SSA, as your Social Security record needs to reflect your new name before you can update your driver’s license or passport. To update your name with the SSA, you’ll need:
- A completed Form SS-5 (Application for a Social Security Card)
- Proof of identity (e.g., your driver’s license or passport)
- A certified copy of your divorce judgment with the name change
There is no fee for updating your name with the SSA. Once your replacement card arrives (usually within 10–14 business days), you can move on to other agencies.
New Jersey Motor Vehicle Commission
After updating your Social Security record, you can change your name on your driver’s license and vehicle registration. Visit an NJMVC office with:
- Your current driver’s license
- A certified copy of your divorce judgment
- Proof of address and identity
The NJMVC will issue a new driver’s license with your resumed name for a small fee.
U.S. Passport Office
If you have a passport, to update it submit the appropriate form, which varies by situation, your certified divorce judgment, and a recent passport photo. If the name change occurred within a year of passport issuance, the update is free. Otherwise, a standard renewal fee applies.
Banks, Employers, and Other Institutions
After updating your government-issued IDs, be sure to notify the following organizations:
- Your employer
- Your bank and credit card companies
- Insurance providers (health, auto, home)
- Utility and service providers
- Voter registration
- Medical providers
Each organization may have its own requirements, but most will ask for a copy of your new identification and your divorce judgment.
Additional Considerations in Returning to Your Maiden Name
Here are a few other things to think about in using your maiden name after divorce.
Timing and Delays
Although you may be eager to start using your former name right away, keep in mind that you should not use it for official purposes until all relevant documentation has been updated. Using multiple names in different places—such as your bank, employer, or government records—can cause confusion and potential legal complications.
Expect the process of updating your name across all accounts and documents to take a few weeks to a few months, depending on how quickly each agency processes your request.
Children’s Names
In New Jersey, resuming your maiden name after a divorce does not change your children’s last names. A parent who wishes to change a child’s surname must typically get consent from the other parent or file a petition with the court. The court will consider the best interests of the child when making the decision.
Emotional and Practical Significance
For many people, going back to their maiden name signifies reclaiming independence, identity, and a sense of self that may have been altered during their marriage. For others, keeping a married name may be more practical, especially if children share the surname or if the name is professionally established.
Whether to start using a maiden name again is a highly personal decision. There is no one right choice—only what is right for you based on your particular feelings and circumstances.
Get Help to Start Using Your Maiden Name After a New Jersey Divorce
Whether you’re still in the middle of divorce or are divorced and want to change your name back, an experienced attorney from [MFR] Men’s & Fathers’ Rights Divorce Lawyers can help ensure the process is handled correctly. We effectively assist clients with all aspects of divorce, including restoring maiden names and navigating the full spectrum of legal issues that arise in ending marriages. When you have questions about a name change or any area related to divorcing in New Jersey, contact our office for a confidential consultation. Call us today at (201) 880-9770.
