Name Change After Divorce in Florida

Two lanes, kept apart

Florida has two distinct lanes for a name change after divorce, and they must not be merged. Lane one is inside the dissolution case, where the name is restored in the final judgment. Lane two is after the case has closed, where a standalone petition is filed. The rules, forms, and fingerprint requirements differ between the lanes, and the statute that governs one lane expressly does not govern the other. This guide keeps them apart throughout.

For the general court petition rules, see the Name Change Laws by State directory.

Lane one: restore the name in the dissolution case

A spouse can change name back to a former name during a dissolution of marriage case by including the request in the initial petition or in a counterpetition. Florida court guidance states that the request must be included with the petition or counterpetition, and that a spouse must specifically request the change in the Petition for Dissolution of Marriage or Counterpetition for Dissolution of Marriage, or the judge will not have authority to change the name. The name change becomes effective once the judge signs the final judgment for the divorce, and the judgment must state the restored name.

This lane is not a section 68.07 petition. Florida Statutes section 68.07, subsection (9), states: "This section does not apply to any change of name in proceedings for dissolution of marriage or for adoption of children." The dissolution case therefore supplies its own authority for the name restoration, and the fingerprint and hearing rules in section 68.07 do not govern the in-case restoration as a section 68.07 petition.

Practical steps for lane one are short. Ask for the restoration in the petition or counterpetition, using the full legal name exactly as it should appear after the divorce.

Lane two: standalone petition after the case has closed

If the name was not restored during the dissolution proceedings, a separate case can be filed later to have the name legally changed. Florida court guidance states that a person who chose not to restore a former name as part of a dissolution case, where that case has been closed, may be able to restore the former name by filing a petition for a name change. The form for an adult is the Petition for Change of Name (Adult), form 12.982(a), filed in the circuit court of the county where the person resides. The petition is verified and must show the facts section 68.07, subsection (3), lists, including residence, prior names, employment history, and criminal and civil history matters the statute names.

Publication is not a step in the adult standalone lane in the statute text read. Section 68.07 contains no newspaper publication requirement for an adult petition. The fingerprint records check is the step that replaced publication in the modern statute. That statement covers adult standalone petitions. It must not be merged with the minor-child rule in section 68.07, subsection (8), which deals with service on the other parent when only one parent petitions for a change of name of a minor child, including constructive notice by publication where the other parent is a nonresident. The minor one-parent rule is a different rule for a different kind of case.

Fingerprints and the former-name exception: statute wording and open question

Section 68.07, subsection (2)(a), states: "Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored." The cost of processing fingerprints and conducting the check is borne by the petitioner, or by the parent or guardian of a minor. Subsection (4) states that the hearing on a petition for restoring a former name may be held immediately after it is filed, while the hearing on any other petition may be held immediately after the clerk receives the results of the criminal history records check.

The open question is whether the fingerprint exception in subsection (2)(a) covers a post-case standalone petition to restore a former name, or only a former-name restoration filed in other circumstances. The statute wording says "except if a former name is being restored," without limiting that phrase to a particular lane in the text read. Florida court guidance summarized in the sources read states the exception as applying where a person seeks to restore a previous legal name after a closed dissolution case, but the guidance page opened in search summary form did not resolve the question with a court rule or clerk instruction.

After either lane: Social Security and Florida records

Both lanes end with the same agency sequence. Update Social Security first with the certified final judgment or the certified court order from the standalone petition.

Source

Sources: Florida Statutes section 68.07 (2025), subsections (2), (4), (8), and (9), read in full 2026-10-31; Florida courts name change guidance, Florida Law Help, Obtaining a Name Change, as summarized in search results read 2026-10-31; Florida Department of Highway Safety and Motor Vehicles, Name and Address Changes, read 2026-10-31; Social Security Administration, Change name with Social Security, read 2026-10-31; Florida Statutes sections 322.21 and 322.135 for fees. Banked Florida research summarized in the brief was used for the in-case versus post-case lanes and the publication distinction, and was re-verified against section 68.07 and the department page this run as noted above. Facts verified 2026-10-31. Open flags: whether the section 68.07(2) fingerprint exception covers post-case standalone petitions to restore a former name is unresolved and is not asserted; the clerk filing fee for a standalone petition was not stated on the pages read and is not given here; the minor one-parent publication and service rule in section 68.07(8) is kept apart from the adult standalone lane as stated above.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to your state motor vehicle agency or court.