- If your divorce has not started
- If your divorce is finalized
- What to do after you restore your name
- Handling complications
- FAQ
- References
Maybe you took your spouse's last name when you married. And maybe, now that you're splitting up, you have decided to change your last name back to what it used to be. When you divorce in Utah, this process is called Name Change.
If you do not wish to change your last name after divorce, there is nothing you need to do. However, if you want to restore your previous name, this article will walk you through the steps to do so.
If your divorce has not started
If you just started the divorce process, the best way to go about changing your name in Utah is to fill out the Name Change section on your petition for divorce. On the form, provide both your married name and your previous name.
Your final divorce decree should state the married name and the name to be restored after the divorce. If your divorce decree includes this order, the court order is the only document you need to change your identification records.
If you're responding to a petition for divorce, you will not have that option on your form, but you can follow the steps we’ve outlined below to change your name after your divorce is finalized.
Quick Tip: Along with all of the required divorce forms, you can easily complete your name change through our Divorce Navigator.
If your divorce is finalized
If your Utah divorce has already been finalized and you did not indicate your desire to change your name in your petition or to the judge, don't worry. There's still a way for you to restore your former name.
Follow this step-by-step process:
Step 1
Fill out Page 1 of the Department of Corrections Certification Regarding Sex and Kidnap Offender and Child Abuse Offender Registries. Mail this form to registry@utah.gov. Wait for the completed form to be returned to you.
Step 2
File the following documents in the district court in the Utah county where you live:
- Utah District Court Cover Sheet for Probate Actions
- Petition for Name or Sex Change
- Order on Petition for Name or Sex Change
- Your completed Department of Corrections Certification
Step 3
Pay a filing fee of $375. If you can’t afford this fee, you could qualify for a fee waiver. People who get government benefits or have a low income often qualify. Fill out a Motion to Waive Fees and Statement Supporting Motion form and file it with the clerk.
Step 4
The court will schedule a hearing, which you must attend. If the judge signs your request at the end of the hearing, ask for a certified copy.
Step 5
File your name change with Utah Vital Records and Statistics.
What to do after your name has been restored
After your name change is finalized, notify the Social Security Administration (SSA), the DMV, and other organizations of your name restoration. If you have a passport, you will need to change your name on that, too.
Do this first: Notify the DMV
The Utah Department of Motor Vehicles can provide you with new identification documents, which you’ll need for the following steps. Best of all, you can leave a DMV appointment with the items you need on the same day.
Before changing your name with the DMV, your name change must be on file with the court. You cannot change your name online; the change requires an in-person appointment.
Generally, you will need to bring your current driver's license, Social Security card (or active U.S. passport), and proof of your name change, such as a divorce decree or name change order.
Do this next: Notify other entities
With a new driver’s license and a copy of your divorce decree or approved name-change form, you can notify other entities about your new name, including the following:
- Banks and credit unions
- Colleges and universities (if you’re a student)
- Employers
- The United States Postal Service (via the address change process)
Consider also notifying your family, friends, employers, library, health care providers, landlord or tenants, mortgage companies, utility companies, insurance companies, creditors and debtors, state and local taxing authorities, registrar of voters, public benefits agencies, Veterans Administration, and any other institution or agency that you have regular contact with.
Do this next: Notify the Social Security Administration
Changing your name on your Social Security Card is free. The Social Security Administration provides an online tool that can help you determine the best way to change your name. In some cases, you can make your request online. If so, you could get your replacement card within a few days.
If you’d rather change your name in person (which could be quicker), fill out the Application for a Social Security Card and bring it to a local SSA office. Additionally, you will need to submit documents to prove your age, identity, citizenship, or immigration status. In general, the following are the documents you must submit with your application:
- To prove your age, you must provide your birth certificate.
- To prove your identity, you can provide one of the following: your U.S. driver's license, U.S. state-issued non-driver identity card, or U.S. passport.
- To prove your citizenship, you must provide your U.S. birth certificate or passport.
- To prove your immigration status, you must provide a current unexpired document issued to you by the Department of Homeland Security showing your immigration status, such as Form I-551, Form I-94, or Form I-766.
Do this next: Change your passport
Utah passports can take weeks to process. In Murray City, for example, officials say routine changes can take up to 11 weeks from the day an application is submitted. The more official documents you provide, the faster this might take. That’s why we recommend taking this step when you have a new driver’s license and Social Security card.
Most people seeking to change their passports will need to use the DS-82 form. Along with this form, you will need to submit certified documentation that reflects your name change.
However, you may need to use the DS-5504 form if you meet one of the three situations:
- You changed your name less than one year after your passport was issued,
- Your identifying information in your most recent passport was printed incorrectly, or
- Your passport was limited to two years or less for a reason other than losing your passport multiple times or having a seriously damaged passport.
The cost of either form will vary depending on whether you are renewing the passport book or the card. To complete this process, you can mail in your application with a check.
What happens if complications arise?
Your Utah name change should progress smoothly with the steps we’ve outlined. However, the unexpected could happen.
When your name change is approved, get several formal copies of the court documents with your new name. Every organization we’ve listed may want to see or get a copy of that paperwork, and if you run out, it could take time to get more.
If an entity you’ve contacted won’t accept the documents you have, ask what’s required to complete your name change. For example, if the utility company won’t change the name on your bill with just your new driver’s license, ask if they’ll accept a Social Security card with your new name instead.
Finally, it’s best to tackle every organization that is using your old name as quickly as possible. Leaving your old name on something like your Social Security card could lead to difficulties in the future. If you spot your old name on a document, determine how to change it and take steps immediately.
Frequently asked questions
These are the questions we often hear about a Utah name change:
Can you change your name to anything in a Utah divorce?
No. During your divorce, you can ask the courts to restore your name to what it was before you were married. You can’t ask the courts to change your name to something new.
Can you change your name for free?
If you’re changing your name as part of your divorce, you don’t need to pay a separate fee for this legal change. If you change your name after a divorce, you must pay a filing fee to do so.
When should I tell people about my new name?
It’s best to notify agencies like the DMV and your employer as soon as your name changes. Having mismatched documents (like an up-to-date Social Security card but utility bills with your old name) could make proving your identity more difficult.
References
Petition for Name or Sex Change (Gender Marker Change)—Adult. Utah State Courts.
Fees and Fee Waiver. Utah State Courts.
Change Name with Social Security. Social Security Administration.
Passports. Murray City, Utah.
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