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, the court has authority to restore a spouse's former name as part of the divorce decree.

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 your county clerk's office (in Kentucky, the county clerk handles driver's licenses). Bring your 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. This requires a separate petition, a filing fee (typically $50-$100 depending on the county), publication in a local newspaper, a background check, and a hearing. It's significantly more work than including it in the divorce decree.

What Names Can You Restore

The divorce decree can restore any former legal name — typically your 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.

Both Spouses Can Request It

While it's more commonly the spouse who adopted the other's name, either party can request a name restoration in the divorce. If the husband took the wife's name at marriage (less common but legal in Kentucky), he can request restoration of his former name through the same process.

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.

See more Kentucky guides →