Introduction
Divorce is a time of transition, and for many, it’s an opportunity to reclaim a part of their identity — including their name. If you’re wondering whether you can change your name during a Minnesota divorce, the answer is yes. In fact, the process can be relatively simple if you do it at the right time.
This blog explains how name changes work in the context of divorce, how to request one, and what happens if you decide to wait until after your divorce is finalized.
Can You Change Your Name During a Divorce in Minnesota?
Yes. Under Minnesota law, either spouse may request a name change as part of their divorce proceeding. This request is often for restoring a maiden name or a previously held last name, but it can also be a completely new name, provided it isn’t for fraudulent purposes.
Including your name change request within your divorce paperwork is the easiest and most cost-effective way to update your legal name.
Why People Change Their Name During Divorce
There are several personal and legal reasons why someone might choose to change their name during a divorce, including:
- Reclaiming their maiden name or a prior name
- Establishing a fresh identity post-divorce
- Reducing association with the former spouse
- Avoiding confusion with children if custody is awarded
Whether it’s about empowerment, closure, or practicality, the courts recognize the significance of this decision.
How to Request a Name Change During Divorce
To request a name change as part of your divorce in Minnesota, you must include the request in your initial divorce petition or response. Here’s how the process generally works:
Step 1: Indicate the Request
On the Petition for Dissolution of Marriage, there is a section where you can check the box to indicate that you would like your name restored.
Step 2: Specify the Name
Clearly state the full name you wish to use after the divorce. This is typically your maiden name or a former legal name.
Step 3: Final Judgment
The name change will be officially granted in your Final Judgment and Decree — the court’s official order that finalizes your divorce. Once signed by a judge, this decree becomes your legal proof of name change.
Is There a Fee?
No additional fee is required for a name change if it is requested as part of the divorce proceedings. However, if you wait until after your divorce is finalized and file a separate name change petition, you’ll be subject to:
- A separate court filing fee (typically over $300)
- A background check in some counties
- Additional paperwork and possibly a court hearing
So, if you’re even considering changing your name, it’s a good idea to include it in your divorce filing.
What If You Didn’t Request It During the Divorce?
If your divorce is already finalized and your name change wasn’t included in the decree, don’t worry — you can still change your name. However, the process is slightly more complex.
Post-Divorce Name Change Process:
- File a Petition for Name Change with your local district court
- Pay the court filing fee
- Complete a criminal background check (in some cases)
- Attend a court hearing (depending on county rules)
- Receive a name change order signed by a judge
This process takes more time and effort than requesting a name change during divorce.
Updating Your Name After the Court Order
Once your name change is approved, you’ll need to update it across all personal and legal documents. Common areas include:
- Social Security Card – Visit your local SSA office with your court order
- Driver’s License or State ID – Go to the DMV with updated documents
- Passport – Submit a name change form with your divorce decree
- Bank accounts and credit cards
- Health insurance and medical records
- Employer records
Make sure to keep certified copies of your divorce decree for official use.
Can Men Request a Name Change in Divorce?
Yes. Name changes during divorce are not limited to women. Any spouse, regardless of gender, may request a name change. For instance:
- A man may want to drop a hyphenated last name
- A spouse in a same-sex marriage may return to their pre-marriage name
- Any individual may choose a new identity for personal reasons
The court will typically grant the request unless it appears to be for deceptive or fraudulent purposes.
Special Considerations for Parents
If you share children with your ex-spouse, you are not required to keep the same last name as your children. However, some parents choose to:
- Retain the married name to avoid confusion in schools or healthcare settings
- Use a hyphenated last name or alternate legal name in certain contexts
The court will not prevent you from changing your name simply because you have minor children, but it’s a good idea to consider how it might affect your day-to-day life and your child’s experiences.
Can You Change Your Name to Something Completely New?
Yes — but it may raise additional scrutiny. If your requested name is significantly different from your current or previous names (not a maiden name), the court may inquire further to ensure the name change is not intended to commit fraud, avoid debt, or hide criminal history.
You’ll likely need to provide a reasonable explanation and comply with any additional verification steps the court may require.
Why Work with a Divorce Attorney?
Although name changes are relatively straightforward, having a divorce attorney ensures that:
- Your name change is properly documented
- It is reflected in all final legal paperwork
- You avoid delays or confusion down the road
At Martine Law, we include name change requests as part of your personalized divorce strategy. Whether you want to restore your maiden name or take a new one, we make the process smooth and efficient.
Final Thoughts
Changing your name during a divorce in Minnesota is both legal and relatively simple — as long as you include the request early in the process. It’s a meaningful step for many people, signaling closure and a fresh chapter in life.
If you’re going through a divorce and considering a name change, contact Martine Law today. Our team is here to guide you through every legal and personal decision along the way.