A name change in NJ after divorce is handled through the same family court that hears the divorce, and it’s cheaper and simpler than a standalone name change. If your divorce is still open, add the request to your complaint and pay nothing extra. If the divorce is already final, file a post-judgment motion in the same case for a $50 fee. Either way you skip the $250 filing fee and newspaper publication that the general name-change process requires.
What Names You Can Choose
The statute is broader than most people think. New Jersey law lets either spouse “resume any name used by the spouse before the marriage or civil union, or to assume any surname.”1Justia Law. New Jersey Revised Statutes Section 2A:34-21 So you can go back to a birth name, pick up a name from an earlier marriage, or take a completely new surname. The court’s only real check is that the change isn’t being made to dodge debts or commit fraud.
Asking for the Name Change During Your Divorce
The easiest route is to include the request in your divorce complaint. You or your attorney add it to the initial filing, and the judge handles it when granting the divorce. No additional filing fee.
When the court approves the request, it issues a separate document called a Judgment for Name Change rather than writing the new name into the Final Judgment of Divorce itself. Keeping the two documents separate protects your privacy, since name-change details stay out of the main divorce record. That Judgment for Name Change is your legal proof and the document you’ll use everywhere else.
You’ll appear before the judge and confirm the change isn’t for a fraudulent purpose. This usually happens at the same hearing where the divorce is finalized, so it adds little time.
Filing After the Divorce Is Already Final
If your divorce has been granted and you didn’t handle the name change at the time, you file a post-judgment motion in the same family court that handled the case.2NJ Courts. Name Change This is a different track from a general name-change petition. Because you’re using the existing divorce case, you avoid the $250 filing fee and the newspaper publication that a standalone name change requires.
What to Gather
- A certified copy of your Final Judgment of Divorce, which links the request to the original case.
- A Notice of Motion, the standard court form telling the judge what you want.
- A signed certification describing the request and stating it is not for fraudulent purposes.
- The Dissolution (FM) Judgment for Name Change and Addendum, which the judge signs to grant the change. You fill in your current legal name, the name you want, your address, date of birth, and reason for the request; the court fills in the rest.3NJ Courts. Dissolution FM Judgment for Name Change
Where to File, What It Costs, How Long It Takes
File with the Superior Court in the county where your divorce was filed. The post-judgment motion fee is $50.4NJ Courts. List of Fees A judge reviews the motion, and if everything is straightforward the judge may approve it without requiring you to appear. The signed judgment then comes back to you in the mail.
Plan on roughly two to three months from filing to receiving the signed judgment. Court backlogs can stretch that, so a quick call to your county clerk’s office before filing gives you the most accurate current estimate.
Sending the Judgment to the Division of Revenue
Once you have the signed Judgment for Name Change, you must send the original certified copy (with the court’s raised seal) to the New Jersey Division of Revenue and Enterprise Services within 45 business days. Include a $50 filing fee by check or money order made out to “Treasurer, State of New Jersey.”5New Jersey Division of Revenue and Enterprise Services. Legal Name Changes The Division updates its records and returns the original certified copy to you. Send everything to:
Division of Revenue and Enterprise Services
Judgment Name Change Unit
PO Box 453
Trenton, NJ 08646
Missing the 45-day window doesn’t undo your name change, but it can create friction when agencies later cross-reference state records. Send it promptly.
Updating Your Records
Order matters. Some agencies want to see that earlier records have already been changed before they’ll process yours.
Social Security First
Start with the Social Security Administration, because most other agencies want to see an updated Social Security record before they’ll act. Depending on your situation you may be able to request the update online; otherwise, schedule an appointment at a local office.6Social Security Administration. Change Name With Social Security Bring your certified court order and proof of identity. The SSA only accepts original documents or copies certified by the issuing agency, not photocopies or notarized copies. Everything is returned after processing, and a replacement card typically arrives in five to ten business days.
New Jersey Driver’s License
After Social Security is updated, visit any MVC Licensing Center on a walk-in basis. Bring your Judgment for Name Change (or your divorce decree if it contains both your old and new names and authorizes the change), plus documents meeting the state’s “6 Points of ID” requirement.7New Jersey Motor Vehicle Commission. Name Change The 6-point system combines primary and secondary identity documents totaling at least six points, along with proof of your Social Security number and proof of your New Jersey address.8New Jersey Motor Vehicle Commission. 6 Points of ID Check the MVC’s point values for each document type before you go.
U.S. Passport
Your passport path depends on timing. If both your passport was issued and your name was legally changed less than one year ago, submit Form DS-5504 by mail with your current passport, the certified name-change document, and a new photo. No fee unless you want expedited service. If more than a year has passed since either event, you’ll renew using Form DS-82 by mail or apply fresh using Form DS-11 in person, both at standard passport fees.9U.S. Department of State. Name Change for U.S. Passport or Correct a Printing or Data Error
Everything Else
Notify these entities promptly so mismatched records don’t cause problems later:
- Banks and credit card companies. Bring your court order and updated ID to a branch, or call for their process.
- Your employer and payroll. W-2 and tax withholding need to reflect the new name.
- Insurance providers, including health, auto, homeowners, and life.
- Voter registration, through your county clerk or the NJ Division of Elections.
- Professional licensing boards. Most require written notice with a copy of your court order within 30 days.
A Child’s Name Is a Separate Process
A parent cannot change a child’s surname through their own divorce name-change filing. It requires a separate court order. If both parents agree, it is relatively straightforward. If they disagree, the court applies a “best interests of the child” standard, weighing factors like how long the child has used the current name, custody arrangements, the child’s own preference when old enough, and ties to family or ethnic identity. If the other parent objects, this is worth handling with legal counsel.
If You Were Divorced in Another State
If your divorce happened in another state and you now live in New Jersey, you generally can’t file a post-judgment motion in the out-of-state court from here. You’d instead file a standard name-change petition through the New Jersey Superior Court, Chancery Division. That follows the general name-change track: a $250 filing fee, a required court hearing, and newspaper publication of the intended change. Bring your certified out-of-state divorce decree as supporting evidence.