Name Change After Divorce in Illinois

How do you change your name after a divorce in Illinois?

Usually through the divorce judgment itself. Unless the person whose marriage is dissolved requests otherwise, the judgment must contain a provision authorizing that person to resume the use of a former or maiden name at any time they choose (750 ILCS 5/413(c)). The same rule applies when a marriage is declared invalid.

There are two paths, depending on what your judgment says:

1. If the judgment has the name provision, you use the judgment to update your records. No separate court case is needed.
2. If it does not, you file a name change petition in the circuit court of the county where you live.

The judgment provision covers resuming a former or maiden name. If you want a name you have not used before, such as a new surname, the judgment provision does not cover it. A person who wants to assume another name uses the name change petition described below (735 ILCS 5/21-101(a)).

Read your judgment first, and look for language about resuming a former or maiden name. If you are not sure whether it is there, ask the lawyer who handled the divorce. If you cannot find your copy, our guide to getting a copy of a divorce decree in Cook County explains how to order one.

If the judgment already allows your former name

Use the judgment. When a judgment contains the provision, a person resuming a former or maiden name is not required to file a petition for a change of name under Article XXI of the Code of Civil Procedure (413(c)).

No separate petition and no publication

The statute also says that a person whose marriage is dissolved or declared invalid and who chooses to resume a former or maiden name is not required to provide notice by publication (413(c)). You do not need to run a newspaper notice to go back to your former name.

The provision has no deadline. It authorizes you to resume your former or maiden name at any time you choose, so you can make the change right away or years later.

Records to update

Each agency and business sets its own process, so ask what it needs before you go. Most will want a certified copy of the judgment, which you can order from the Clerk of the Circuit Court. A practical order is:

• your Social Security record;
• your driver's license or state ID with the Illinois Secretary of State;
• your passport, if you have one;
• your employer and payroll, so tax forms match;
• banks, credit cards, insurance, retirement accounts and loans;
• your voter registration, professional licenses, and doctors and pharmacies; and
• your children's schools and activities, so pickup lists show your current name.

Keep a few certified copies on hand, because some offices keep the copy you bring. Make a simple checklist with the date you updated each record, so nothing is missed, and bring the judgment with you the first time you use your former name at a bank or government office.

If the judgment does not mention your name

File a name change petition. An Illinois resident who wants to assume another name may file a petition in the circuit court of the county where they live (735 ILCS 5/21-101(a)). This can come up when the person asked that the judgment leave the name provision out, or when an older judgment does not contain one.

Filing a name change petition

The petition is a statewide standardized form approved by the Illinois Supreme Court (735 ILCS 5/21-102(a)). It sets out the name you have now, the name you want, your residence, how long you have lived in Illinois, and the state or country of your birth. It also includes a statement, verified under oath, about whether you or any adult included in the petition has certain criminal convictions, arrests or pending charges.

Some people face limits. People required to register under certain registries, and people convicted of a felony whose sentence has not been completed, are restricted from filing, with narrow exceptions (21-101(b), (b-1)). If either could apply to you, talk with a lawyer before filing.

If the court finds that the requirements have been met and there is no reason the relief should not be granted, it may enter an order changing the name (21-101(d)).

Residency and the statewide form

You must have lived in Illinois for 3 months at the time of the name change hearing or the entry of the order granting it (21-101(a)). If you read an older guide that cites Section 21-103 of the Code of Civil Procedure, note that the section was repealed effective March 1, 2025 (735 ILCS 5/21-103). Ask the circuit clerk in your county about current filing steps and any fees. It helps to have your divorce judgment and proof of your Illinois address ready when you file.

Changing a child's name after divorce

A child's name is a separate question. Resuming your own former name under the judgment does not change your child's name. A child's name change has its own process and standard; read our guide on how to change a child's last name in Illinois. If you and your child will have different last names, keep a copy of the judgment and the child's birth certificate with you for school forms and travel.

Getting help

If your divorce is still pending, tell your lawyer whether you want to keep your married name. The judgment includes the provision unless you request otherwise, so you only need to act if you want it left out. Our uncontested divorce lawyer in Chicago page explains how the firm handles agreed divorces in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago.

The uncontested divorce fee is $1,500 flat (court filing fees not included). If you want to prepare your own papers with attorney support, Self Represented Documents costs $399. The fee includes covered document preparation, attorney document review and one sixty-minute advice call; you handle filing, service and court dates. See Self Represented Documents. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

For the terms that go into an agreed judgment, see our guide to the marital settlement agreement, and for the overall process, how to get a divorce in Illinois. For a contested case, see our Chicago divorce attorneys page.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618.