Name Change After Divorce in Kentucky: How to Restore Your Former Name

If you took your spouse's last name during the marriage and want to return to your former name, Kentucky makes this straightforward — as long as you handle it during the divorce itself. Doing it afterward is a separate legal process that's more expensive and time-consuming.

Request It in Your Divorce Petition

The easiest path: include the name restoration request in your Verified Petition for Dissolution of Marriage. Under KRS 403.230, a wife whose marriage is dissolved may request restoration of her maiden or former name; if there are no children of the parties, the court shall order it.

You don't need a separate motion or a separate hearing. Simply state in your petition that you request restoration of your former name (specify the exact name you want restored), and make sure the proposed Findings of Fact, Conclusions of Law, and Decree includes a paragraph granting the name change.

When the judge signs the final decree, the name restoration is legally effective immediately. The decree serves as your legal proof of the name change.

What to Do with the Decree

Once you have a certified copy of the final decree showing your restored name, update your records in this order:

Social Security Administration — File Form SS-5 with your certified decree. This is the foundation — most other agencies require your SSA records to match before they'll process changes.

Driver's license — Visit a Kentucky Driver Licensing Regional Office. First update your name with the Social Security Administration, then bring your updated Social Security card, certified decree, and current ID.

Passport — If your passport is less than a year old, use Form DS-5504 (no fee). Otherwise, apply for a new passport with Form DS-11 and your certified decree.

Banks and financial institutions — Bring your certified decree and new ID to update account names.

Employer and payroll — Update your W-4 and direct deposit records.

Insurance, utilities, and subscriptions — Update as you encounter them. Most accept a copy of the decree.

If You Forgot to Include It

If your divorce is already finalized and the decree doesn't include a name restoration, you have two options:

Motion to amend the decree — If the divorce was recent, you may be able to file a motion asking the judge to amend the decree to include the name change. This depends on your circuit's local rules and the judge's willingness to reopen a final order.

Separate name change petition — The standard Kentucky name change process under KRS 401.010 is filed in District Court. It requires a separate petition and the current filing, background-check, notice, and hearing steps required by that court; confirm the fee and local procedure with the District Court clerk. It's significantly more work than including it in the divorce decree.

What Names Can You Restore

Under KRS 403.230, the divorce decree can restore a wife's former legal name — typically her birth name or a name from a prior marriage. You cannot use the divorce proceeding to adopt an entirely new name you've never legally held. That requires the separate KRS 401.010 name change process.

The Divorce Statute's Name-Restoration Rule

KRS 403.230 specifically addresses a wife's request for restoration of her maiden or former name. A husband or another person seeking a different name change should use the separate KRS 401.010 process rather than assume the divorce name-restoration provision applies.

Children's Names

The divorce decree does not change your children's surnames. If you want to change a child's name after divorce, that requires a separate petition with notice to both parents and a best-interest determination by the court. The child's name change is handled under KRS 401.020, not the divorce statutes.

Planning ahead saves significant time and money. Include the name restoration request in your initial petition, and it becomes a single line in your final decree rather than a separate legal proceeding.

The Kentucky Divorce Filing Process Guide includes a pre-filing checklist that covers the name restoration request alongside every other element your petition needs — so nothing gets left out of the initial filing.

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