Changing Your Name Following an Illinois Divorce

 Posted on January 15, 2025 in Divorce

A name change usually follows a significant life change, and divorce certainly qualifies. Changing your name is a very personal decision. While women certainly may keep their married name following divorce, some choose to return to their "maiden" name. A woman who has been married for a significant length of time and may have used her name professionally may decide to keep her married name simply because it is the easiest thing to do.

Others may hesitate to change their last name because this might mean the children will have a different last name, which can get confusing. If a woman’s marriage was filled with contentiousness or even abuse and the divorce is shaping up similarly, she may have little trouble deciding whether to change her name. Whatever decision you make, changing your name is a process that can benefit significantly from speaking to a Will County, IL family law attorney.   

What is the Process of Changing Your Name?

Under the statute, the divorce judgment can include a provision for a woman to return to her maiden name so that no petition for name change is required. If you did not plan on changing your name after the divorce but later changed your mind, you must follow the normal process for a name change. You must have a valid reason for changing your name – and divorce is considered a valid reason.

Illinois only requires that your intention in changing your name has nothing to do with fraudulent purposes. You will fill out a Petition for Name Change from the Illinois courts’ website or the local county courthouse. After completing the name change forms, they must be filed with the circuit court in the county where you reside, along with the required fees.

If you did not change your name at the time of your divorce, then you will be required to publish notice of your name change in a local newspaper to inform the public. The notice must be published weekly for three consecutive weeks prior to the court date. Proof of that publication must be presented at your court hearing.  

During your court hearing, the judge will review your petition for a name change along with the Certificate of Publication from the newspaper, and if everything is in order, your name change will be granted by the judge. You will receive a certified copy of the Order for Name Change, which is a crucial document once you begin updating your name on all your records. At a minimum, you will need to change:

• Social Security card
• Driver’s license or Illinois state ID
• Bank accounts
• Insurance policies
• Voter registration
• Credit cards

Keep copies of everything and be aware that the process can take several weeks.  

Can I Change My Child’s Name?

Changing your child’s name is a bit different from changing your own. First, you must have permission from the child’s other parent. If the other parent refuses permission, you would be required to petition the court to change the child’s name. As with all things relating to children, the court would have to believe that a name change is in the best interests of the child before it will be approved. If you and your ex agree on the name change, then it is fairly straightforward, and you will follow the same process as for your own name change.

Contact a DuPage County, IL Family Law Attorney

Whether you are going through a divorce or have another reason to change your name, speaking to an experienced Naperville, IL family lawyer can make a difference in how smoothly the process goes. Attorney Hendrix is a court-appointed mediator who holds a master’s degree in guidance and counseling along with his law degree. Contact Law Office of Ronald L. Hendrix, P.C. today at 630-355-7776 to schedule your free consultation.