Can I Change My Name in a Texas Divorce?

Yes — and it is one of the simplest things a Texas divorce decree can accomplish. Texas Family Code Section 6.706 specifically authorizes a court granting a divorce to restore either spouse’s name to a former name. The name restoration happens as part of the divorce decree itself — no separate legal name change petition, no separate court proceeding, and no additional filing fee. The decree serves as the legal authority for updating your name with every agency, institution, and government entity that requires documentation of a legal name change.

This post explains exactly how the name change works in a Texas divorce, what the decree must specifically say to accomplish it, how quickly it takes effect, and the practical steps required to update your name with the Social Security Administration, the Texas Department of Public Safety, financial institutions, and other agencies after the decree is signed.

How Name Restoration Works in a Texas Divorce

The name restoration provision in Texas Family Code Section 6.706 applies to either spouse — not only to the spouse who took the other’s name during the marriage. A husband who took his wife’s surname can restore his former name just as a wife can restore her maiden name. The statute uses the term “former name” rather than “maiden name” specifically because it encompasses any name the spouse used before the marriage, including a name from a prior marriage.

The name restoration must be requested as part of the divorce proceedings — it does not happen automatically. If you want your former name restored, you or your attorney must specifically request it in the original petition for divorce, ensure it is addressed in the divorce proceedings, and confirm that the final decree contains language specifically ordering the name restoration. A decree that does not include the name restoration language does not accomplish the change — even if both parties intended it to occur.

What the Decree Must Specifically Say

The name restoration provision in the final divorce decree must include specific language that the court orders the restoration of the requesting spouse’s name to a specific former name. The decree should state exactly what the restored name will be — full legal name including first, middle, and last name as it will appear going forward. Vague language — “wife’s maiden name is restored” without specifying the full name — can create complications when agencies require specific documentation.

A well-drafted decree name restoration provision reads something like: “IT IS ORDERED that Petitioner’s name is hereby changed and restored to [full former legal name].” This language is then certified by the district clerk as part of the certified copy of the decree — which is the document you present to agencies when updating your name.

If the final decree was signed without a name restoration provision and you want your name changed, you have two options. You can file a motion to modify or correct the decree to add the name restoration language — which requires returning to the court that issued the divorce. Or you can file a separate statutory name change petition under Texas Family Code Chapter 45, which is a separate proceeding with its own filing fee and notice requirements. The divorce decree route is significantly simpler and less expensive, which is why requesting the name restoration at the time of the divorce is strongly preferable to seeking it afterward.

Who Can Request Name Restoration in a Texas Divorce

Either spouse can request name restoration under Texas Family Code Section 6.706. The most common scenario is a spouse who took the other’s surname at marriage and wants to return to their former name — typically a wife returning to her maiden name or a name from a prior marriage. But the statute is not limited to this scenario.

A spouse who legally changed their name before the marriage — through a prior marriage, a prior divorce decree, or a separate name change proceeding — can restore any name they previously used legally. A spouse who hyphenated their name during the marriage can drop the hyphenated portion and restore either component. A spouse who wants to retain the married name can do so by simply not requesting restoration — there is no requirement that either spouse change their name in a divorce.

What name restoration cannot accomplish through a Texas divorce decree is creating an entirely new name that neither spouse has previously used legally. The statute authorizes restoration of a former name — one that was legally used in the past — not the adoption of a new name that has no prior legal history. For a completely new name, a separate statutory name change petition under Texas Family Code Chapter 45 is required.

Updating Your Records After the Decree Is Signed

The certified copy of the divorce decree containing the name restoration language is the legal document that authorizes all subsequent name updates. Agencies and institutions will ask for a certified copy — not a photocopy — and some will require the original certified copy to be presented in person.

• Social Security Administration. Update your name with the SSA first — before updating your driver’s license — because the SSA cross-references your Social Security number against your name, and a mismatch between your SSA record and your driver’s license can cause complications. Bring the certified decree and your original Social Security card to your local SSA office, or submit the change by mail using Form SS-5. The SSA does not charge a fee for name changes. Processing typically takes two to four weeks.
• Texas Driver’s License. Update your driver’s license at a Texas DPS office after your Social Security record is updated. You will need the certified decree, your current driver’s license, and proof of Texas residency. The DPS charges a fee for a replacement license reflecting your new name. Texas law requires updating your driver’s license within 30 days of a legal name change.
• Passport. The U.S. State Department requires either Form DS-5504 (if your passport was issued within the past year) or Form DS-82 (if your passport is less than 15 years old and you were over 16 when it was issued) to update your name. If neither applies, you must apply for a new passport using Form DS-11. Bring the certified decree as documentation of the legal name change.
• Financial Accounts and Credit Cards. Contact each financial institution directly with the certified decree. Most banks, brokerage accounts, and credit card companies have specific name change procedures — some allow changes online or by phone with document upload, others require an in-branch visit with the original certified decree. Update all financial accounts to ensure consistency across your records.
• Employer and Payroll Records. Notify your employer’s HR department of the name change with the certified decree so your payroll records, tax withholding, and employee benefits can be updated. If your employer uses your Social Security number for identification rather than your name, ensure the Social Security Administration update is completed first.
• Professional Licenses and State Certifications. Each licensing board has its own name change procedure. Texas Board of Nursing, Texas Medical Board, Texas State Bar, and other licensing authorities require written notification and documentation — typically the certified decree — to update license records. Check each board’s specific requirements and update promptly to avoid discrepancies between your license and your identification.
• Children’s Schools and Medical Records. Update your name in school enrollment records, medical records, and any other records where your name appears. These agencies typically accept a photocopy of the certified decree rather than requiring the original.

Can the Other Spouse Object to Name Restoration

No. Texas Family Code Section 6.706 does not require the other spouse’s consent to name restoration. Either spouse can request restoration of their former name as part of the divorce proceeding, and the court is authorized to grant it without the other spouse’s agreement. The other spouse’s preference about what name their former partner uses after the divorce has no legal relevance to the name restoration request.

One practical consideration — if children are involved and the requesting spouse wants to retain the same surname as the children for simplicity, that is a personal decision that does not require a legal determination. The children’s surname is not changed by either parent’s name change. If a parent wants to change a child’s surname, that requires a separate legal proceeding — a suit affecting the parent-child relationship — and must be shown to be in the best interest of the child.

If you are going through a divorce in San Antonio or Bexar County and want to ensure your name restoration is handled correctly in the decree, call Barton & Associates at 210-500-0000. Consultations are free, confidential, and available 24 hours a day with a family law attorney.