How to Legally Change Your Last Name in Illinois

To legally change your last name in Illinois, you need one of three things: a marriage certificate, a divorce judgment that restores your former name, or a court order granting a name change petition filed in the circuit court of the county where you live. Which route applies depends on why you’re changing your name. Marriage and divorce handle themselves through documents you already receive. Every other reason, whether personal, religious, gender-related, or something else entirely, requires a court petition, a filing fee, and in most cases a newspaper publication.

If You’re Changing Your Name Because of Marriage

A certified copy of your marriage certificate is your legal proof of the name change. You don’t file anything with a court, publish anything in a newspaper, or pay a petition fee. The certificate is what Social Security, the Secretary of State, and your bank will ask to see.

If You’re Changing Your Name After a Divorce

Illinois law directs the court to include a provision in your divorce judgment allowing you to resume your former or maiden name, unless you specifically ask the court to leave it out.¹ If that language is in your decree, the judgment itself is your legal proof. No separate name change petition, no publication, no additional fee. If the provision was left out, you’ll need to file the full court petition described below.

Who Can File a Name Change Petition

You must have lived in Illinois for at least six months before filing, and you file in the circuit court of the county where you currently reside.²³

Two categories of criminal history restrict who can petition. If you have a felony conviction and your sentence has not been completed, terminated, or discharged, you cannot file unless you’ve received a pardon. Once your sentence is fully done, you can petition, but you must disclose all felony and misdemeanor convictions, and both the State’s Attorney and the Illinois State Police will be notified.²

People required to register under the Sex Offender Registration Act, the Arsonist Registration Act, or the Murderer and Violent Offender Against Youth Registration Act generally cannot file during the registration period unless they verify under oath that the change is related to marriage, religious beliefs, status as a trafficking victim, or gender identity as defined by the Illinois Human Rights Act. The judge retains discretion to grant or deny even those petitions.²

Filing the Petition

Three standardized forms are available on the Illinois Courts website or from your county’s circuit clerk:³

The Request for Name Change (Adult). This asks for your current legal name, address, date of birth, the name you want, and the reason. It must be notarized before you file it.⁴
The Publication Notice of Court Date, which is what a newspaper will run to announce your hearing.
The Proposed Order for Name Change, which the judge signs if the petition is granted.

Banks, UPS stores, and shipping centers commonly offer notary services, and Illinois caps notary fees at a few dollars per signature. Bring photo ID.

Filing fees vary by county. In Cook County the filing fee is $388.⁵ Call your local circuit clerk before you go to confirm what you’ll pay.

Fee Waivers

If the filing fee would be a hardship, ask the clerk for the Application for Waiver of Court Fees. You generally qualify if you receive public aid or another qualifying government benefit, if your household income is at or below 125 percent of the federal poverty level, or if paying the fees would cause serious hardship to your family even at a higher income.⁶

Publishing Notice in a Newspaper

After filing, arrange for the Publication Notice to run in a local newspaper once a week for three consecutive weeks. The first publication must appear at least six weeks before your hearing. The newspaper then issues a Certificate of Publication, which you file with the circuit clerk before your court date.

Publication fees typically run between $90 and $200. Larger metro papers charge more. Ask the clerk which newspapers are approved for legal notices in your county, since not every paper qualifies.

Waiving Publication for Safety or Hardship

Since January 1, 2024, Illinois allows you to request a waiver of the publication requirement if you believe publishing the notice would create a hardship, including a negative impact on your health or safety.⁷ You submit a verified statement under oath explaining the hardship. The waiver is presumed granted and is considered at the same hearing as your petition, though the judge makes the final call. This matters most for people leaving domestic violence, stalking situations, or other threats where a public record of the change could put them in danger.

The Court Hearing

At the hearing the judge reviews your petition, your Certificate of Publication (or approved waiver), and any other supporting documents, and asks you under oath about your reason for the change. If no one has objected and the paperwork is in order, the judge signs the Order for Name Change at the hearing. It’s usually a matter of minutes.

Before you leave the courthouse, request several certified copies of the signed order. Every agency you update will want to see one, and some will keep it. Paying a few dollars per copy now beats a return trip later.

Changing a Minor Child’s Last Name

A child’s name change follows the same general structure, but the judge must find by clear and convincing evidence that the change serves the child’s best interest, weighing the wishes of the parents and anyone acting as a parent with physical custody.² A parent can include a minor child on their own petition. If the other parent consents, the process is straightforward. If they don’t consent or can’t be found, Illinois requires that they be given proper notice, and the judge will ask about the other parent’s involvement and any efforts you’ve made to reach them. Forms for a minor’s name change are on the Illinois Courts website with the adult forms.⁸

Updating Your Records

Your court order, marriage certificate, or divorce judgment is the key that unlocks everything else. The order below matters: some agencies check your name against records at earlier agencies, so updates done out of sequence tend to stall.

Social Security First

Start with the Social Security Administration. Nearly every other agency verifies your name against Social Security records. Submit Form SS-5 (Application for a Social Security Card) with your certified court order or marriage certificate and proof of identity.⁹ There’s no fee, your Social Security number doesn’t change, and the new card arrives by mail in about 5 to 10 business days.

Illinois Driver’s License or State ID

Bring your certified court order or marriage certificate and your current license or state ID to a Secretary of State facility to apply for a corrected license.¹⁰ If your current license is Real ID compliant, bring additional identity documents; federal Real ID rules require documentation of any name change linking your birth certificate to your current legal name.

Illinois Birth Certificate

If you were born in Illinois, send the Illinois Department of Public Health, Division of Vital Records a notarized Affidavit and Certificate of Correction Request, a certified copy of the Name Change Decree, a copy of your government-issued photo ID, and a $15 check or money order.⁴

Tax Returns

The name on your tax return must match Social Security’s records. A mismatch can block e-filing and delay your refund.¹¹ No separate notice to the IRS is needed once the SSA update is processed. If you’re changing your name near tax season, give it a few weeks after your new Social Security card arrives before filing.

U.S. Passport

The State Department has its own process for correcting or updating a passport after a legal name change.¹² Updates within a year of issuance are typically free; otherwise the standard renewal fee applies. Don’t leave this to the last week before a trip.

TSA PreCheck and Trusted Traveler Programs

Your PreCheck name has to exactly match your ID and airline reservations, or your benefits won’t apply until the change is processed.¹³ Contact the enrollment provider you originally applied through. For Global Entry, NEXUS, or SENTRI, update through the Trusted Traveler Program website with Customs and Border Protection.

Credit Bureaus

Update your name separately with Experian, Equifax, and TransUnion. Experian and Equifax accept uploads of your court order and identity documents online. TransUnion currently requires a mailed written request with your court order to Consumer Solutions. None of the three charges for the update. Each will want the name change order and at least one ID showing your new or former name. Until the bureaus are updated, your credit file may still show your old name, which can create friction when you apply for new credit.

From there, work outward through the rest of your accounts: your employer’s payroll and benefits, health insurance, banks, voter registration, utilities, and any professional licenses. Keep a checklist as you go. Missed accounts have a way of surfacing at the worst possible time.

1
Illinois General Assembly. 750 ILCS 5/413 – Judgment
2
Justia. Illinois Code 735 ILCS 5 Article XXI – Change of Name
3
Circuit Court of Cook County. Name Change
4
19th Judicial Circuit Court, IL. Name Change for Adults
5
Cook County Clerk of Court. County Division Fee Schedule
6
19th Judicial Circuit Court, IL. Waiver of Court Fees Requests
7
Illinois Courts. New Law Amending Name Change Requirements Effective January 1, 2024
8
Illinois Courts. Name Change Standardized Forms
9
Social Security Administration. Change Name with Social Security
10
Illinois Secretary of State. Drivers License and ID Card
11
Internal Revenue Service. Update My Information
12
U.S. Department of State. Change or Correct a Passport
13
Transportation Security Administration. TSA PreCheck FAQ