How to Change Your Last Name in Texas After Divorce

The quickest way to change your last name in Texas after a divorce is to request the name restoration inside the divorce petition itself, so the judge writes it into the final decree. Under Texas Family Code § 6.706, the court is required to grant that request if you’re returning to a name you used before the marriage.¹ If the decree is already signed and your former name isn’t in it, you can still change it through a separate petition under Chapter 45, but it costs more and takes longer. Once you have the signed order in hand, the rest is paperwork: Social Security, driver’s license, passport, taxes, and a handful of other accounts.

Ask for the Name Change in the Divorce Decree

This is the path most people should use. It costs nothing beyond the divorce itself. Section 6.706 says the court “shall” change your name if you ask for it in the divorce and the name you want is one you used before. That word matters. The judge doesn’t have discretion to refuse on preference, and the statute specifically forbids denying the request just to keep a family’s last names uniform when children are involved.¹

If your attorney is drafting the petition, tell them to include the name restoration. If you’re filing yourself, add it to your original petition, or raise it before the final hearing if the case is already moving. Forgetting this step is the most common reason people end up in the longer standalone process below.

Once the judge signs the decree with the name change in it, the decree is your legal proof. No second filing. No extra order. Go to the clerk’s office and buy several certified copies right away. Nearly every agency wants an original certified copy rather than a photocopy, and you’ll move through them faster than you expect.

Filing a Standalone Name Change Petition

If the decree is already final and doesn’t include the change, you’ll file a separate suit under Texas Family Code Chapter 45 in the district court of the county where you live.²

What the Petition Has to Include

The petition must be verified (signed under oath) and set out your current legal name, the name you want, the reason for the change, and identifying information like your residence and physical description. You also have to disclose any felony convictions and Class A or B misdemeanors. Leaving convictions out can get the request denied on its own.

You also submit a full set of fingerprints on a card from the Texas Department of Public Safety or a local law enforcement agency. The court uses them to run a background check and confirm you’re not changing names to avoid legal obligations.²

Fees and the Hearing

File with the district clerk, in person or electronically. The filing fee is typically around $350 and varies by county. If you can’t afford it, file a Statement of Inability to Afford Payment of Court Costs to ask for a waiver.

After the clerk processes the paperwork and the background check clears, the court schedules a hearing. The hearing is usually short. The judge reviews the petition, confirms the change is in your interest and the public’s interest, and signs the order. For someone without a felony record or sex offender registration obligations, the court is required to grant the request if those two conditions are met.³

Once the order is signed, go back to the clerk and buy certified copies. Budget around $5 to $10 per copy and pick up at least four or five.

If You Have a Criminal Record

A felony conviction complicates the standalone route but doesn’t automatically block it. The court can still grant the change if you’ve completed your sentence, including any community supervision or probation, and at least two years have passed since completion. A pardon clears the hurdle as well. If you’re only asking to use the primary name already in your criminal history records, the two-year wait doesn’t apply. People required to register as sex offenders must also show the court they’ve notified local law enforcement of the proposed name change before the judge signs the order.³

None of these restrictions apply when the name change is written into the divorce decree under § 6.706. Another reason to handle it during the divorce.

Update Your Social Security Card First

Social Security should be your first stop after the court order. Almost every other agency wants to see updated Social Security information before they’ll process the change on their end.

Complete Form SS-5 (Application for a Social Security Card) and submit it with your certified divorce decree or court order. Social Security accepts original documents or copies certified by the issuing agency. Photocopies and notarized copies don’t count. You can file in person at any Social Security office or by mail. Your number stays the same, and the new card usually arrives within about two weeks.⁴

Update Your Texas Driver’s License Within 30 Days

Texas law gives you 30 days from the legal name change to visit a Department of Public Safety office. Bring the original certified decree or court order (not a photocopy) and your updated Social Security information. If the decree isn’t in English, bring a certified English translation.⁵

The replacement license fee is $11. Your current expiration date carries over, so you’re not paying for a full renewal.⁶

Update Your Passport

Which form you use depends on how much time has passed. If both your passport was issued and your name changed within the past year, use Form DS-5504. There’s no fee unless you want expedited processing, which adds $60.⁷

If more than a year has passed since your passport was issued or since the name change, submit Form DS-82 (renewal by mail) with the $130 application fee for a passport book.⁸ Either way, include a certified copy of the decree showing the name change. If you have international travel coming up, start early. Processing times move around, and expedited service adds cost.

Fix Your Tax and Employment Records

The IRS matches the name on your return to the name on your Social Security record. When they don’t line up, returns slow down and refunds can get held. After you update Social Security, file IRS Form 8822 to report the name change. Line 5 captures your prior name, and the instructions specifically mention divorce as a reason for the change.⁹

Tell your employer so your W-2 for the current tax year uses your new name. If you receive a W-2 under your former name after the change, ask the employer to issue a corrected Form W-2c and file it with your return to avoid processing delays.¹⁰

Everything Else to Update

After the major government IDs, you’ll still have a list to work through. No single agency handles it for you, so it helps to keep a running checklist.

Voter registration. Texas allows online updates through the Secretary of State’s website. A new voter certificate arrives by mail within about 30 days. If you submit less than 30 days before an election, you’ll vote at your current polling location under the old registration until the update processes.
Bank and financial accounts. Most banks want you to come into a branch with your certified decree and a photo ID showing the new name. New debit cards and checks usually follow within a couple of weeks.
Real property. If you own real estate, the deed keeps your married name until you record a new one. A quitclaim deed from yourself (old name) to yourself (new name), notarized and recorded with the county clerk, is the standard fix. Recording fees vary by county.
Professional licenses. If you hold a Texas occupational or professional license, contact your licensing board. Most process name updates for free or a nominal fee, typically under $25.
TSA PreCheck and trusted traveler programs. Submit your updated government-issued photo ID with a certified copy of the decree (first page, name change page, and signature page). Updates can take up to 45 days.
Insurance, utilities, and subscriptions. Health, auto, and homeowner’s insurance and utility companies all need to be notified. None are time-sensitive the way your driver’s license is, but mismatched names on insurance documents can create trouble when you file a claim.

One last thing worth knowing: the name change doesn’t release you from any debts, contracts, or legal obligations you took on under your married name. Creditors can still enforce those regardless of what your driver’s license says now.¹

1
State of Texas. Texas Family Code 6.706 – Change of Name
2
State of Texas. Texas Family Code Chapter 45 – Change of Name
3
State of Texas. Texas Family Code Chapter 45 – Change of Name – Section 45.103
4
Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card
5
Department of Public Safety. How to Change Information on Your Driver License or ID Card
6
Department of Public Safety. Driver License Fees
7
U.S. Department of State. Change or Correct a Passport
8
U.S. Department of State. Passport Fees
9
Internal Revenue Service. Form 8822 Change of Address
10
Internal Revenue Service. Name Changes and Social Security Number Matching Issues