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Changing your name after a divorce in Georgia

Q: Can I take back my previous married name?

You can ask for a prior name in the divorce itself (O.C.G.A. § 19-5-16). After the divorce, the simple motion only restores your birth surname, so any other name goes through the regular name change process (O.C.G.A. § 19-12-1).

Updated November 13, 2026 · General information about Georgia law, not legal advice ·

The easiest way is to ask for your former name in your divorce papers. If you do, the final decree must restore it.¹

If you didn't, you can still go back to the last name on your birth certificate at any time after the divorce with a short motion, and no newspaper notice is needed. For any other name, you'd use Georgia's regular name change process.^{1, 2}

Ask for it in the divorce

Either spouse can ask in the divorce papers to go back to a maiden or prior name. If the divorce is granted, the decree must state and restore the name you asked for.¹

Your certified copy of the decree then becomes your proof of the name change.

After the divorce: back to your birth surname

If your decree didn't restore your name, you can file a motion at any time after the divorce, asking to restore the last name on your birth certificate. Your former spouse doesn't need to take part, the judge can decide it with or without a hearing, and no newspaper notice is required.¹

This route has been available for motions filed since May 1, 2024. It only restores your birth-certificate surname.¹

Any other name: the regular name change process

To take a name other than your birth surname after the divorce, such as a name from an earlier marriage, you'd file a name change petition in the Superior Court of the county where you live.²

That process takes more steps. You must start publishing a notice in the county's legal newspaper within 7 days of filing, once a week for 4 weeks, and the judge can't grant it until 30 days after filing. A judge can waive the newspaper notice for a victim of family violence or human trafficking.²

Updating your records

Social Security. If your decree states your new name, Social Security uses that name. If it doesn't, Social Security may accept other proof, such as your birth certificate when you're going back to your maiden name.³
Driver's license. Georgia's Department of Driver Services says name changes on a license must be done within 60 days of the name change, and it accepts a certified divorce decree.⁴
Then everything else: your bank, employer, insurance, voter registration and passport. Keep a few certified copies of the decree or order on hand.

Questions you might ask a lawyer

Should I ask for my former name in the divorce papers now?
Which court and form do I use for the motion to restore my name?
Is the regular name change process the right route for the name I want?

Common questions

Can I change my name back after the divorce is final in Georgia?

Yes. You can go back to the surname on your birth certificate at any time after the decree by filing a motion, with no newspaper notice.¹

Can I take back my previous married name?

You can ask for a prior name in the divorce itself. After the divorce, the simple motion only restores your birth surname, so any other name goes through the regular name change process.^{1, 2}

Does my name change affect my children's names?

No. Restoring your name in the divorce or by motion changes only your own name. Changing a child's name is a separate court process with its own rules.^{1, 2}

Next guideHealth insurance after a divorceWhat happens to health insurance when you divorce in Georgia: staying covered while the case is open, COBRA and its 60-day notice deadline, Georgia's continuation rule for small employers, buying your own plan, and how children's coverage is handled in child support.

Sources

Laws and court rules change. If something here looks out of date, email help@divorce.city.