Can I go back to my maiden name after a divorce in New York?
Yes, and the easiest time to do it is in the divorce itself. New York lets the Judgment of Divorce include a clause authorizing either spouse to resume a former surname. There is no extra filing, no fee and no separate court case. Once the judgment is signed, a certified copy is your proof; you take it to the Social Security office first, then the DMV, then your bank, employer and passport.
How to do it, in order
It is one line in the judgment, but only if someone asks for it.
- Ask in the divorce papers. Domestic Relations Law §240-a allows the judgment to include a provision that a party may resume the use of a former surname. In a mediated divorce, tell us at the start and the attorney puts it in the papers.
- You do not have to decide now. The clause is permission, not a command. You can resume the name years later using the same judgment, and you can keep your married name even with the clause in it.
- After the judgment. Order two or three certified copies from the county clerk. Social Security first, because the DMV checks against it; then your driver’s licence, passport, bank, employer, insurance and voter registration.
- Children’s names. The judgment covers the adults only. Changing a child’s surname is a separate court application that normally needs both parents’ consent.
- Forgot to include it. You can still change your name later under the Civil Rights Law, but that is a separate petition with a fee. Asking in the divorce is free.
Domestic Relations Law §240-a: resumption of a former surname in a judgment of divorce or annulment.