Name Change in Florida Divorce: Restore Your Maiden Name (2026)

A name change in a Florida divorce is requested inside your dissolution petition and granted in the Final Judgment under Florida Statute 61.052 — no separate case needed. You must ask for it in writing before the final hearing; the court restores a former or maiden name only, not a brand-new name. Our firm handles uncontested Florida divorces, name restoration included, for a $750 flat attorney fee (court costs ~$408-$410 and notary separate).

How Do You Change Your Name in a Florida Divorce?

In Florida, the most efficient way to restore your maiden or former name is to request it as part of your divorce. Under Florida Statute 61.052, the circuit court has authority to restore a party's former name in the Final Judgment of Dissolution of Marriage. When the request is made in the petition, the judge folds the name restoration into the same final order that ends the marriage — no extra lawsuit, no second filing fee, and no fingerprinting or background check.

There is one rule you cannot skip: you must ask for it in writing. The request belongs in your Petition for Dissolution of Marriage (or in a counter-petition if your spouse filed first). If neither the petition nor a counter-petition asks for the name change, the judge generally cannot grant it at the final hearing, and you would be left filing a separate name-change petition later under Florida Statute 68.07.

The court restores a former name only — typically your maiden name or a name you legally used before the marriage. Florida judges cannot use the divorce to grant you an entirely new, never-before-used name. If that is your goal, you need the separate civil name-change process under F.S. 68.07.

Where Does the Name Change Request Go in the Forms?

The name restoration is built directly into Florida's standardized petition forms. You do not draft a custom motion; you check a box and fill in the exact former name you want restored.

• Simplified dissolution (no children, no alimony): the Petition for Simplified Dissolution of Marriage, Form 12.901(a), contains a section where each spouse can indicate they want to be known by a former name and write that full name on the form.
• Regular uncontested dissolution: the Petition for Dissolution of Marriage (Form 12.901(b)(1) when there is property but no minor or dependent children, Form 12.901(b)(2) when there are children, or Form 12.901(b)(3) when there are no children and no property) includes the same former-name request as part of what you ask the court to include in the final judgment.

List your full former name — first, middle, and last — exactly as you want it to appear. The most common mistake is a misspelling that carries into the Final Judgment and forces you to seek a correction later. All current forms are available free at flcourts.gov, and uncontested cases are filed through the Florida Courts E-Filing Portal at myflcourtaccess.com.

How to Restore Your Maiden Name in a Florida Uncontested Divorce: Step by Step

Here is the start-to-finish process for an uncontested Florida divorce that also restores your former name.

For more on the documents that drive an uncontested case, see our Marital Settlement Agreement Florida guide and our uncontested divorce with no children guide.

Forms You Need to Restore a Former Name in a Florida Divorce

Florida uses standardized Supreme Court Approved Family Law Forms. The name-change request is not a separate form during a divorce — it is a section inside the petition you are already filing. The table below shows the core forms.

All of these are available free at flcourts.gov. Because the forms are revised periodically, always download the current version directly from the Florida Courts website before filing.

Simplified vs. Regular Uncontested Dissolution: Which Path Fits?

Both uncontested paths can restore your former name; the difference is which one your situation allows. Florida Statute 61.052(2) authorizes simplified dissolution only in narrow circumstances.

If you have minor children, see our uncontested divorce with children in Florida guide. If your spouse will not sign, a name change is still possible through the default path described in our spouse won't sign guide.

How Much Does a Name Change Cost in a Florida Divorce?

When you restore your former name inside your divorce, the name change itself adds nothing to the court process — it is granted in the same Final Judgment. Our firm prepares your entire uncontested Florida divorce, name restoration included, for a $750 flat attorney fee. That fee is the same statewide, in every one of Florida's 67 counties.

Separate, client-paid costs include:

• County filing fee: typically about $408-$410 (set by each county clerk).
• Notary fees: required for signatures on certain forms.
• Certified copies of the Final Judgment: typically a few dollars per page, depending on the county. Order several, because some agencies keep the certified copy you submit.

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. If you cannot afford the filing fee, you may file a Motion to Defer Filing Fees (Form 12.902(a)).

What Do You Do After the Final Judgment Restores Your Name?

The signed Final Judgment is your legal proof of the restored name. Updating your records follows a specific order, because agencies link your identity to your Social Security record.

When Is an Attorney-Prepared Uncontested Divorce the Right Fit?

An uncontested divorce works when both spouses agree on all issues: property, debts, time-sharing, child support, and alimony. If you agree, an attorney-prepared filing keeps the case clean. Non-lawyer document-preparation or typing services can fill in blanks, but they cannot give legal advice, cannot confirm the correct path for your facts, and cannot catch a substantive error in your MSA, parenting plan, or your name-restoration request.

As a licensed Florida law firm, our office prepares and reviews your documents, confirms your case qualifies as uncontested, makes sure the former-name request is correctly pleaded so the judge can grant it, and answers your legal questions — all for a flat, transparent $750 attorney fee with court costs disclosed up front. If your case involves contested issues, hidden assets, or disputes over time-sharing, it is not uncontested, and the flat fee will not apply. To weigh representation options, read do you need a lawyer for an uncontested divorce in Florida.

To see how name restoration fits the broader case, our guides on Florida divorce residency requirements and uncontested vs. contested divorce in Florida cover the surrounding rules.

Frequently Asked Questions

(See FAQ section.)

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This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.