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Yes. Either spouse may request a name change in a Minnesota divorce, and the approved name is included in the final decree. The request is not limited to restoring a former surname. The court must apply the statutory safeguards against fraud or misleading purposes, and special requirements apply to a person with a felony conviction.
What law allows a name change during divorce?
Minnesota Statutes section 518.27 permits a party to request another name in the final decree of dissolution or legal separation. The statute directs approval unless the court finds an intent to defraud or mislead, subject to the requirements of section 259.13.
This option is available to either spouse. You are not required to change your name because you are divorcing.
How do I request the change in my divorce papers?
Identify the full legal name you want and include the request in the appropriate divorce documents. Tell your lawyer early enough to address any required notices and to keep the proposed documents consistent.
- Use the exact spelling and complete name you want ordered.
- Check the request in the applicable petition or response documents.
- Disclose any felony conviction that triggers additional requirements.
- Review the proposed decree before submission.
- After entry, confirm that the decree contains the approved name correctly.
If the case is already pending and the request was omitted, ask how to present it properly before judgment. Do not assume a change happens automatically when the marriage ends.
Can I choose a new name instead of a former surname?
Section 518.27 is not limited to a maiden name or a previously used surname. The requested name still must satisfy the statute and any applicable additional requirements.
A name change does not erase debts, legal obligations, or criminal history. Be accurate about your identity and the purpose of the request.
What if I have a felony conviction?
Section 259.13 requires notice to the prosecuting authority that obtained the conviction. For an out-of-state or federal conviction, notice must also be served on the attorney general. A divorce name-change request requires proof of service.
The statute provides a 30-day objection period measured from service of the notice. The name change cannot be granted during that period. An objection requires further court procedures and the applicable proof; constitutional-right provisions also appear in the statute.
Do not bypass these steps by informally using a different surname. Section 518.27 warns that using another surname without complying with section 259.13 when applicable is a gross misdemeanor. Get advice about the exact requirements before proceeding.
What if my divorce is already final?
You may still have a name-change option. A separate ordinary application is not the only possible route.
Section 259.14 provides a postdissolution process for a qualifying person who has resided in Minnesota for at least six months and seeks the legal name on their birth certificate following their most recent final dissolution.
The application is made in the county of residence and requires certified birth and dissolution documents. For a divorce from another state, the statute accepts the specified equivalent court order ending the marriage. The court cannot charge a filing fee for a qualifying application under this section, and two identity witnesses are generally unnecessary unless needed to assess fraud or misleading intent.
This route is subject to the felony-conviction provisions and is limited to the birth-certificate name. If you want a different name or do not qualify, ask about the appropriate procedure under chapter 259.
Will there be costs for documents or record updates?
Distinguish the court filing procedure from later administrative steps. Certified copies, replacement identification, or other documents may have separate costs.
Before paying for a separate name-change filing, determine whether the request belongs in the pending divorce or qualifies for the no-filing-fee postdissolution route. Confirm current charges and documentation requirements directly with the relevant office.
Does changing my name also change my child’s name?
No. Your own name-change request does not automatically change a child’s legal name. A child’s name change involves a separate legal analysis and the applicable notice and best-interests requirements.
You do not have to share the child’s surname to remain a parent. If practical identification questions arise, keep appropriate records and discuss the child’s needs without treating an adult name change as a custody decision.
What should I update after the court grants the change?
Obtain the required proof of the court-ordered change and check each organization’s current process. A decree does not automatically update every record.
- Social Security records.
- Driver’s license or state identification.
- Passport and travel records.
- Employer, payroll, and benefit records.
- Bank, credit, loan, and insurance records.
- Professional licenses and other important accounts.
Check the documents and sequence each agency requires. Before travel, confirm that the identification and reservation names will satisfy the carrier’s requirements. Keep records connecting the former and new names.
What if the name in my decree is wrong?
Compare the entered decree with the name requested and tell counsel or the court promptly. A clerical mistake and a later decision to choose a different name are not necessarily handled through the same procedure.
Do not alter the decree yourself. Obtain the appropriate correction or order and use official copies for record updates.
Frequently asked questions
Can I keep my married name?
Yes. Divorce does not require you to request a different name.
Can either spouse request a change?
Yes. Section 518.27 applies to a party requesting their own name change and is not limited by gender.
Do I always pay a new filing fee if I wait until after divorce?
No. Section 259.14 provides a no-filing-fee route for qualifying postdissolution applications. Its eligibility and document requirements must be met.
Does my divorce decree automatically update government records?
No. You still need to follow the relevant agencies’ procedures and provide the required proof.
Include your name-change plans in the divorce review
Martine Law PLLC provides family-law services under the Martine Law brand. Request a consultation to discuss the request, any additional notices, and the correct post-divorce route if needed.
The Minnesota Judicial Branch name-change resources provide forms and procedural information. For the broader agreed-case process, see our uncontested divorce guide.
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This page provides general information about Minnesota law, not legal advice for your particular situation.
For an overview of the law and how we help, see our Minnesota divorce page.
