For many people, restoring their maiden name after divorce is an important step toward moving forward with their lives. In Michigan, the process can be straightforward if you follow the instructions and advice provided by your attorney. That should go without saying, right? You’re paying your divorce lawyer lots of money. Divorce isn’t cheap here in Metro Detroit. So follow the advice your family law attorney gives you.
Name Change at the Time of Divorce
Under MCL 552.391, when a Judgment of Divorce is entered, the court may include a section restoring a party’s former legal name, or frankly, any other name, so long as it isn’t for deceptive purposes. Most comprehensive Oakland County Judgments of Divorce are drafted by a divorce attorney involved in the case and then signed by the judge. The party requesting a name change must inform their attorney, who will include it in the judgment if they are drafting it, or notify the attorney drafting the judgment that it needs to be added. You can request that your name be changed back to your maiden name or any other legal name. You can swiftly even be called Taylor if you’d like.
Note: This is the simplest way to have your name changed back. If the name change is not included in the Judgment of Divorce, you will have to go through a standard name change process. You should speak with your divorce attorney to ensure that the name change is included if you wish to have your previous name restored. There will be no extra cost to change your name in the final court order. It’s rather expensive to do afterward.
Changing Your Name After the Divorce Is Final
If your divorce is already finalized and the judgment does not mention a name change, you can still restore your maiden name through a general name change petition. This requires:
- Filing a petition in the Oakland County Probate Court (or the probate court located in the Michigan County where you reside).
- Provide your current legal name, the name you wish to resume, and your reason for the change.
- Completing a criminal background check and fingerprinting. (This is done to ensure you are not changing your name for illicit reasons)
- Attending a hearing where the judge decides on your request.
You should consult with your attorney to discuss how to navigate this process and what documents, expenses, and costs are required to complete the petition.
Practical Steps After Your Name Is Legally Restored
Once the judge signs your name change order, you’ll need to update your identification and records:
- Social Security Administration – take your certified court order (Either your Judgment of Divorce or the order granting your name change petition) to update your Social Security card.
- Michigan Secretary of State – Update Your Driver’s License or State ID.
- Passport Agency – apply for a passport update, if applicable.
- Banking and Employment – provide a copy of your name change order to HR, payroll, insurers, creditors, and financial institutions. It’s also wise to notify all three of the major national credit reporting agencies.
Double-check with your attorney to ensure that you update your name at all relevant places to avoid any potential issues later on.
Frequently Asked Questions
Do I have to go back to my maiden name after a divorce?
No. Michigan law allows you to retain your married name or revert to a previous name you used.
Can I change my child’s last name, too?
No. Your legal name change (whether by Judgment of Divorce or by a name change petition) does not automatically change your children’s names. That requires a separate legal process for each child to be handled through the probate court. Most of the time, the other parent needs to be a part of that process.
Is there a residency requirement?
Yes. You must have lived in Oakland County (or the Michigan county where you file) for at least one year before filing for a name change.
Contact an Attorney Today
Restoring your maiden name after divorce in Oakland County is a relatively simple process if handled correctly. Whether you include it in your divorce judgment or petition for it later, understanding your rights under Michigan law ensures a smooth transition.
At The Kronzek Firm, we help clients throughout Oakland County, Livingston County, Macomb County and Monroe County navigate the entire divorce process from beginning to end. It’s essential to recognize that the work does not always conclude when the divorce is finalized. Having an experienced divorce attorney can ease the burden of tying up all those loose ends after your divorce. Contact us today for a consultation.
📞 Our seasoned attorneys have represented thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 or by email at contactus@kronzek.law..
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]