To change your name in Texas after divorce, you have two options: ask for the name restoration as part of the divorce itself, or file a separate name change petition in district court once the divorce is final. The first costs nothing extra and takes effect the moment the judge signs the decree. The second runs about $350 in filing fees plus fingerprinting and background check costs, and it opens up more flexibility about what name you can take.
Ask for the Name Change in the Divorce
This is the cheapest and simplest path. Texas law requires the court to grant a name restoration when a party specifically requests it, unless the judge states a reason for denial in the decree.1State of Texas. Texas Code FAM 6.706 – Change of Name No separate filing fee, no fingerprints, no background check. The signed Final Divorce Decree becomes your legal proof of the new name.
One important limit: the decree can only restore a name you previously used. If you took your spouse’s last name at marriage and want your birth name back, the decree handles it. If you want a brand-new name you’ve never gone by, you’ll need the separate petition described below.
Timing matters. If you filed for divorce, include the name change request in your original petition. If your spouse filed, include it in your answer or waiver of service.2Texas State Law Library. Divorce – Name Changes in Texas Skipping this step means going through the longer standalone process later.
File a Separate Petition If the Divorce Is Already Final
When the decree is signed and doesn’t address your name, file a standalone petition in the district court of the county where you live.3Justia Law. Texas Family Code Chapter 45 – Change of Name This route lets you choose any name, not just one you’ve used before. The court will approve it as long as the change is in your interest and not contrary to the public interest.
What Goes in the Petition
The petition is a verified document that collects identifying information and criminal history. You’ll need to provide:4State of Texas. Texas Family Code 45.102 – Requirements of Petition
- Your current legal name and the name you want
- Place of residence and your reason for the change
- Date of birth, sex, and race
- Social Security number
- Every driver’s license number issued to you in the past 10 years
- Any FBI or state identification numbers tied to a criminal record, if you know them
- Any offense above a Class C misdemeanor you’ve ever been charged with, whether or not you were convicted, including case numbers and the court
- Whether you have a final felony conviction or are subject to sex offender registration
Blank petition forms are available from your county’s district clerk office or through the Texas State Law Library. The document is typically titled “Petition to Change the Name of an Adult.”
Fingerprints and Background Check
You’ll need two complete sets of fingerprints on cards acceptable to both the Texas Department of Public Safety and the FBI.5Texas State Law Library. Adults – Name Changes in Texas One card gets attached to your petition when you file. The second goes to DPS after filing, along with a stamped copy of your filed petition and a $27 payment for the state and federal background checks.6Texas Department of Public Safety. Submission of Fingerprint Cards to DPS/FBI for Adult Legal Name Change Vendors and some sheriff’s offices offer fingerprinting for a separate service fee.
Filing Fees and the Hearing
The district clerk’s filing fee runs about $350. The exact amount varies by county, so call the clerk’s office first. DPS returns the background check to the court, and if everything is clean and the paperwork is in order, many judges approve the petition without a hearing. If a hearing is set, it’s typically brief. Once the judge signs the order, that document is your legal proof of the name change.
Criminal History Restrictions
A clean record gets a straightforward approval. If you have a final felony conviction, the court can still grant the change, but only if you’ve completed your sentence and any community supervision or probation and at least two years have passed since then. A pardon also qualifies. If you’re subject to sex offender registration, you must give notice of the proposed name change to the appropriate local law enforcement authority before the court will consider it.7Justia Law. Texas Family Code 45.103 – Order
Update Social Security First
Your Social Security card should be the first record you change, because almost every other agency and institution will either want to see the new card or confirm the name matches SSA’s records. Depending on your situation you may be able to update online; otherwise book an appointment at a local Social Security office.8Social Security Administration. Change Name with Social Security
You’ll complete Form SS-5 and submit a certified copy of your divorce decree or court order showing both names, along with proof of identity such as a U.S. driver’s license or passport.9Social Security Administration. Application for a Social Security Card SSA requires originals or copies certified by the issuing agency. Photocopies and notarized copies won’t work. The replacement card arrives by mail in five to ten business days.8Social Security Administration. Change Name with Social Security
Update Your Texas Driver’s License Within 30 Days
Texas gives you 30 days from your legal name change to update your driver’s license or state ID.10Department of Public Safety. How to Change Information on Your Driver License or ID Card – Section: Name Change You’ll need to visit a DPS driver license office in person with the original certified copy of your divorce decree or court order; photocopies aren’t accepted. The replacement fee is $11.11Department of Public Safety. Driver License Fees Driving with an ID that doesn’t match your legal name can cause problems at traffic stops and at airports, and missing the window puts you out of compliance with Texas law.
Update Your Passport
Which form you use depends on timing. If your current passport was issued less than a year ago and the name change also happened within that year, Form DS-5504 handles it for free.12U.S. Department of State. Application for a U.S. Passport for Eligible Individuals (Form DS-5504) Most people going through a divorce won’t fit that narrow window.
Otherwise, Form DS-82 (the standard renewal form) works as long as you can submit a certified copy of the decree or court order showing the change.13U.S. Department of State. U.S. Passport Renewal Application for Eligible Individuals If you can’t document the change with a certified legal document, you’ll have to apply in person on Form DS-11 as if getting a passport for the first time.
Taxes, Voter Registration, and Everyday Accounts
The IRS matches the name and Social Security number on your return against SSA’s records, so update Social Security before you file. If you file before SSA processes the change, use your former name on the return to avoid a mismatch. If a W-2 or 1099 arrives in your old name after SSA has your new one, ask the issuer for a corrected form, and report all income on a single return no matter which name appears on each document.14Internal Revenue Service. Name Changes and Social Security Number Matching Issues
For voter registration, send an updated Application for a Voter Registration Certificate to your county voter registrar by mail or in person. Do it at least 30 days before any upcoming election so the change shows up on the rolls in time.
Beyond government agencies, notify your bank, credit card companies, employer, insurance providers, mortgage lender, and any professional licensing boards. Most will want to see a certified copy of the decree or order. Order several certified copies when you pick up your paperwork from the court clerk; fees typically range from $5 to $40 per copy depending on the county.
If You’re Not a U.S. Citizen
Lawful permanent residents update the green card by filing Form I-90 (Application to Replace Permanent Resident Card) with USCIS, online through a USCIS account or by mail.15U.S. Citizenship and Immigration Services. Application to Replace Permanent Resident Card (Green Card) Conditional residents who got status through marriage should not use Form I-90; they use Form I-751 to remove conditions and can address the name change there.
Naturalized citizens who need an updated Certificate of Naturalization file Form N-565 (Application for Replacement Naturalization/Citizenship Document) with USCIS.16U.S. Citizenship and Immigration Services. Application for Replacement of Naturalization/Citizenship Document A filing fee applies, with waivers available for those who qualify.
Keep Travel Documents Consistent
If you have TSA PreCheck or Global Entry, update those accounts once your passport reflects the new name. The name on your airline reservation must exactly match the name in your TSA application.17Transportation Security Administration. Does the Name on My Airline Reservation Have to Match the Name on My Application? Handle the passport first, update the Trusted Traveler account and airline loyalty programs next, and only then book under the new name.