The cheapest and fastest way to get your former name back in Florida is to ask for it inside your divorce case itself: check the box on your dissolution petition, and the judge includes the name restoration in your final judgment at no extra cost. Miss that window, and you can still change your name, but it becomes its own separate court case.
Quick Answer: In Florida, request a former name restoration directly in your petition for dissolution of marriage (or counter-petition), and the judge includes it in your final judgment automatically, at no extra filing fee. If your divorce is already final and you did not request it then, you generally need to file a separate Petition for Change of Name (Adult), Form 12.982(a), under Fla. Stat. § 68.07. Either way, once your name is legally changed, you still have to update it yourself with the Social Security Administration and the Florida DMV.
Short Answer: Two Ways to Restore Your Name
Florida gives you two different paths to restore a former legal name, and which one applies depends entirely on timing:
- During your divorce, by requesting it as part of your dissolution petition, so it becomes part of your final judgment
- After your divorce is already final, by filing a separate Petition for Change of Name (Adult) as its own court case
The first option is simpler, faster, and does not add a separate filing fee. The second is still available if you missed that window, but it comes with its own process, including a background check requirement in most cases.
Option 1: Requesting It in Your Divorce Petition
Florida's dissolution of marriage petitions, including the standard petition and the simplified dissolution petition (Form 12.901(a)), specifically ask whether either spouse wants to resume a former legal name. If you want your maiden name or another former legal name restored, this is where you request it: on your original petition if you are filing, or on your counter-petition if your spouse filed first and you are responding.
You should list the exact former legal name you want restored (first, middle, and last name) so the court can enter it precisely in the judgment. See our guide to Form 12.901(a): Joint Petition for Simplified Dissolution of Marriage for how that request fits into the simplified dissolution petition specifically.
How the Judge Includes It in the Final Judgment
When both spouses agree to a name restoration, or when the request is otherwise uncontested, the judge includes it directly in the final judgment of dissolution of marriage, using the Florida Family Law Rules of Procedure Form 12.990 series. Once the judge signs that final judgment, your former name is legally restored as of that date, as part of the same case that ended your marriage. No second petition, no additional filing fee, and no separate hearing beyond your regular final divorce hearing are required.
This is by far the more efficient path if you know, before or during your divorce, that you want your former name back. It only works if you request it before the judgment is entered; a final judgment that does not include a name restoration cannot simply be edited afterward to add one.
Option 2: A Separate Name Change Petition Later
If your Florida divorce is already final and you did not request a name restoration at the time, you can still change your name, but not by reopening the divorce case. Instead, you file a new, standalone case: a Petition for Change of Name (Adult), Florida Family Law Form 12.982(a), governed by Fla. Stat. § 68.07. This includes:
- Filing the petition in the county where you currently live, since Florida's name change statute requires the petitioner to be a bona fide resident of and domiciled in that county
- Generally submitting fingerprints for a state and national criminal history records check (see the exception below)
- A hearing before a judge, after which the court enters a Final Judgment of Change of Name (Adult), Form 12.982(b), if the petition is granted
- A separate filing fee, distinct from the dissolution of marriage filing fee, since this is its own court case
This is a real, additional legal process, not a formality. Treat it as its own case with its own timeline, separate from anything related to your original divorce.
The Background Check Requirement, and the Restoration Exception
Florida Statute § 68.07 requires most adult petitioners for a name change to submit fingerprints for a state and national criminal history records check before their hearing, submitted through the Florida Department of Law Enforcement and forwarded to the FBI for national processing. The statute places this requirement on petitioners generally, but exempts someone who is restoring a former name they legally held before, such as returning to a maiden name after a divorce that is already final.
Fingerprinting and background check procedures are administered locally through the clerk of court in the county where you file, and requirements can be updated over time. Confirm the current process, including whether the restoration exception applies to your situation, with your county clerk of court before your hearing.
What a Court Order Does Not Update Automatically
Whether your name is restored inside your divorce judgment or through a separate name change petition, the court order itself only changes your legal name. It does not automatically notify or update:
- The Social Security Administration and your Social Security card
- The Florida Department of Highway Safety and Motor Vehicles, for your driver license or state ID
- The U.S. State Department, for a passport
- Banks, employers, insurance providers, or your voter registration
You are responsible for updating each of these yourself, generally using a certified copy of your final judgment (or Final Judgment of Change of Name) as proof.
Updating Your Social Security Card First
Update your name with the Social Security Administration before anywhere else. You will generally need an original or certified copy of your court order restoring your name (your dissolution final judgment or your Final Judgment of Change of Name) along with proof of identity. It is worth confirming that your judgment clearly states your name reverting to your former or restored name, since that document is what the Social Security Administration relies on.
Updating Your Florida Driver License or ID
Once your name is updated with Social Security, you can update your Florida driver license or state ID card through the Florida Department of Highway Safety and Motor Vehicles. According to FLHSMV, customers changing their name due to divorce must bring the original or a certified copy of the divorce decree; photocopies are not accepted, and certified copies are available from the clerk of court where your case was filed. FLHSMV also generally recommends waiting 24 to 48 hours after your Social Security update, since your name must verify against the Social Security Administration's records electronically before your license or ID can be updated. This update requires an in-person visit; it cannot be completed online or by mail.
Other Places to Update Your Name
Beyond Social Security and the DMV, most people also need to update their name with:
- U.S. passport, if you have one, through the State Department
- Bank accounts, credit cards, and loan documents
- Employer records and payroll
- Voter registration
- Insurance policies, including health, auto, and life insurance
- Professional licenses, if applicable to your work
Common Mistakes to Avoid
- Not requesting the name restoration on the petition or counter-petition before the final judgment is entered
- Assuming a final divorce judgment can be amended afterward just to add a name change
- Trying to update a driver license before Social Security has processed the name change
- Bringing a photocopy of the divorce decree to FLHSMV instead of a certified copy
- Assuming any court order automatically updates Social Security, the DMV, or other agencies without you taking action
Frequently Asked Questions
How do I get my maiden name back after divorce in Florida?
The simplest way is to request it directly in your petition for dissolution of marriage (or counter-petition, if your spouse filed first), stating the full name you want restored. Florida's dissolution petitions ask whether either spouse wants to resume a former legal name, and if you check that box and provide the name, the judge can include the restoration directly in your final judgment of dissolution of marriage at no separate cost.
Is there an extra filing fee to restore my name during a Florida divorce?
No. Requesting a former name restoration as part of your dissolution petition does not add a separate filing fee on top of the standard $295 statewide dissolution of marriage filing fee (Fla. Stat. § 28.241). It is a request made and granted within the same case, not a second court case.
Can I change my name after my Florida divorce is already final?
Yes, but it works differently. If you did not request a name restoration during your dissolution case, you generally need to file a separate Petition for Change of Name (Adult) (Florida Family Law Form 12.982(a)), governed by Fla. Stat. § 68.07. This opens a new, standalone court case in the county where you live, with its own filing requirements and hearing.
Do I need a background check to restore my maiden name in Florida?
Generally, adult petitioners for a Florida name change must submit fingerprints for a state and national criminal history records check under Fla. Stat. § 68.07 before the hearing. The statute exempts petitioners who are restoring a former name they legally held before, such as a maiden name, from this fingerprinting requirement. Confirm the current requirements with the clerk of court in the county where you file.
Does my Florida divorce judgment automatically update my Social Security card and driver license?
No. A Florida final judgment that restores your former name changes your legal name, but it does not automatically notify the Social Security Administration, the Florida Department of Highway Safety and Motor Vehicles, or any other agency. You need to update each one yourself using a certified copy of your judgment.
Which should I update first, Social Security or my Florida driver license?
Social Security first. The Florida Department of Highway Safety and Motor Vehicles verifies your name against the Social Security Administration's records electronically before issuing an updated license or ID, so updating Social Security first, and allowing time for that change to process, avoids a mismatch at the DMV.
Can Virdix help me change my name back during my Florida divorce?
Yes. Virdix's guided questionnaire for Florida dissolution of marriage includes the question of whether you want to resume a former legal name, and prepares the matching petition and final judgment paperwork so that request is included in your case from the start. Virdix is a document preparation service, not a law firm, and does not provide legal advice.
How Virdix Helps
Virdix checks whether you want to resume a former legal name as part of your Florida dissolution of marriage questionnaire, and prepares the matching petition and final judgment paperwork so that request is built into your case from the start, at no extra step. Start free. Pay once, only when your documents are ready.
Start Your Florida Case Free →
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Forms, fees, and procedures can change; always confirm current information with the Florida Courts, your circuit court clerk, the Social Security Administration, or the Florida Department of Highway Safety and Motor Vehicles. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Florida Family Law Rules of Procedure Forms 12.901(a), 12.982(a), 12.982(b), and 12.990, Fla. Stat. § 68.07, Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov)