If you’re divorcing and want your former name back, ask the judge to restore it in the Final Judgment of Dissolution of Marriage. It’s the fastest, cheapest path, usually adding no fee and no fingerprinting. Miss that window, and you’ll need a separate Petition for Change of Name under Fla. Stat. § 68.07, which does carry a filing fee and, for most petitioners, a background check.
The good news for anyone restoring a name they already legally held: the fingerprint requirement doesn’t apply to you either way.
- In the divorce: Request restoration in your petition or at the final hearing. No extra cost. No fingerprints.
- After the divorce: File Form 12.982 with your county’s clerk of circuit court. Expect a filing fee near $400, though the restoration exemption still spares you the fingerprinting step.
Key Takeaways
Restoring a maiden name in Florida costs nothing extra when requested during divorce, but requires a separate petition and roughly $400 in fees if you missed that window.
| Point | Details |
|---|---|
| Request restoration in the divorce | Ask in your petition, counterpetition, or on the record at the final hearing to avoid extra fees and fingerprinting. |
| Separate petition costs more | Filing under Fla. Stat. § 68.07 after the divorce runs about $400 plus possible FDLE and livescan fees. |
| Fingerprinting exemption applies | Restoring a former name you already held legally skips the background-check requirement either way. |
| Update Social Security first | Use Form SS-5 before FLHSMV to avoid a name mismatch at the DMV counter. |
| Get professional help when needed | Foley Family Law drafts restoration language, prepares Form 12.982 petitions, and helps clients through post-order updates in Hillsborough, Pinellas, and Pasco counties. |
How to Restore Your Maiden Name in Florida During the Divorce Case
Timing matters more than almost anything else in this process. If you’re the petitioner, write your former legal name directly into your Petition for Dissolution of Marriage, usually in the section asking for relief. If you’re responding to a divorce filed against you, your counterpetition is where that request belongs. Either way, spell the name exactly as it appears on your birth certificate or a prior legal document. Courts don’t guess at spelling, and neither should you.
- Include a specific line in your petition or counterpetition requesting restoration of your former name.
- Confirm the spelling against your birth certificate, prior marriage license, or an earlier court order.
- At the final hearing, say so on the record if the judge doesn’t ask. A simple statement like “I’m also asking the court to restore my former name, [Name], as stated in my petition” is usually enough.
- Once the judge signs the Final Judgment, ask the clerk’s office how many certified copies you can order and what they cost per copy.
Pro Tip: Bring a printed copy of your ID and any prior legal name document to the final hearing. If the judge asks you to confirm the spelling out loud, you want a written reference in hand, not your memory.
Clerk practices vary by county, but Hillsborough, Pinellas, and Pasco clerks all process certified copy requests same-day or within a few business days once the judgment is filed. Order more than you think you need. You’ll be surprised how many agencies want an original certified copy rather than a photocopy.
Filing a Separate Petition for Change of Name Under Florida Law
Some people don’t request restoration during the divorce, and some never legally used the name they now want back, in which case the divorce decree path isn’t available at all and a separate petition is the only route. Either way, Fla. Stat. § 68.07 governs the process, and Florida Supreme Court Form 12.982(a) is the required petition for adults. File it with the clerk of circuit court in the county where you live.
Most name-change petitioners must submit fingerprints for state and federal criminal-history checks. Petitioners restoring a former name they previously held legally are exempt from that requirement under the statute’s own carve-out.
- Filing fee: varies by county.
- Florida Department of Law Enforcement processing fee applies if fingerprinting is required.
- Livescan vendor fees: charged separately by the fingerprinting service, not the court.
- Typical time to grant: 2 to 6 weeks, depending on the county’s docket and whether a hearing is required.
Local clerk packets, like Alachua County’s fingerprint information sheet, lay out which vendors are approved and what identification to bring, and most Florida counties publish something similar.
What to Update First After Your Name Is Restored
Once you have a signed order in hand, whether it’s the Final Judgment or a separate name-change order, the sequence you follow determines how much rework you’ll do later. Get more certified copies than feels necessary. Clerk offices typically charge a per-copy fee plus a certification fee, and running out mid-process means another trip or a mailed request that slows everything down.
- Order at least three to five certified copies of your order from the clerk, more if you hold professional licenses or multiple financial accounts.
- Update Social Security first, using Form SS-5 along with your certified order and a valid photo ID. This matters because other agencies, including the Florida Department of Highway Safety and Motor Vehicles, often cross-check your name against Social Security records before issuing a new license.
- Update your driver license or state ID through FLHSMV once your Social Security record reflects the new name.
- Apply for a new or amended passport if you travel internationally, using the State Department’s own name-change procedure.
- Notify your bank, employer, and any professional licensing board (nursing, real estate, the Florida Bar, and similar bodies) with a certified copy on file.
Skipping the Social Security step first is the most common reason people get bounced back from the DMV counter with a mismatch error.
How Long Does Restoring a Maiden Name Take in Florida?
Restoration through divorce takes effect the moment the judge signs your Final Judgment. There’s no additional wait. A separate petition typically takes 2 to 6 weeks from filing to a signed order, depending on your county’s caseload and whether a hearing gets scheduled.
Budget accordingly:
- Separate petition filing fee: about $400.
- FDLE background check fee: $36, when fingerprinting applies.
- Livescan vendor charge: varies by provider, usually a separate cash or card payment.
- Certified copy fees: charged per copy by the clerk, on top of the filing fee.
The most common delay isn’t the court’s fault. A misspelled name in the petition or Final Judgment forces a corrective filing, and clerk backlogs after holidays or the start of a fiscal year can add a week or two to an otherwise routine petition.
Common Mistakes and Practitioner Tips From Foley Family Law
The single most frequent error we see isn’t legal complexity. It’s a one-letter spelling mismatch between what’s requested in the petition and what actually appears on a birth certificate or prior legal document. That small gap forces an entirely separate court trip to correct the record, which costs more time than getting it right the first time would have.
A name that doesn’t match your birth certificate, your prior driver license, and your Social Security card exactly will bounce you between agencies. Match the spelling before you file anything, not after an agency rejects your paperwork.
Pro Tip: Request at least one certified copy specifically earmarked for Social Security and a separate one for FLHSMV. Agencies don’t return originals, so a single copy that gets shuffled between offices creates its own delay.
Foley Family Law recommends counsel when the divorce is contested, when your identity documents already conflict with each other, or when you need certified copies and updated agency paperwork on a tight timeline. Straightforward, uncontested restorations are often manageable alone. Anything with moving pieces benefits from experienced eyes before you file.
Authoritative Forms and Statutes Worth Bookmarking
Keep these on hand while you file. Fla. Stat. § 68.07 covers the petition process and fingerprinting exemption. The Florida Courts family-law forms page hosts the full Form 12.982 series, and the Form 12.982(a) PDF is the direct adult petition download. For Social Security, SSA’s Form SS-5 is required for every name update.
Why the Divorce-Decree Route Is Underused
Most people assume restoring a name always requires a separate court filing, a fee, and a background check. That assumption costs Florida residents time and money every year. The research here supports a simpler read: if you’re already in a dissolution case, restoring your former name is close to a formality, not a second legal battle.
Conventional advice tends to bury this. Generic name-change guides lump divorce restorations in with every other type of petition, scaring readers into thinking fingerprinting and $400 fees apply universally. They don’t, not when you request restoration at the right moment in your own case.
What actually matters is sequencing and precision: ask for the name in your pleadings, confirm the spelling against your birth certificate before you file anything, and order more certified copies than you think you’ll need. Those three habits prevent nearly every delay we see. Attorneys aren’t required for a clean, uncontested restoration, but a quick consultation can save you a second trip to the courthouse if your case has any wrinkles at all.
— Foley Family Law
Get Help Restoring Your Name With Foley Family Law
Handling this alone is possible, but a lot can go sideways between a spelling error in your petition and a rejected certified copy at the Social Security office. Foley Family Law drafts the restoration language directly into your divorce pleadings, prepares a standalone Form 12.982 petition when the divorce window has closed, and coordinates certified copies so you’re not making multiple trips to the clerk.
Our attorneys serve clients throughout Hillsborough, Pinellas, and Pasco counties, and we handle the paperwork sequencing, from court filing through Social Security and FLHSMV updates, so you’re not guessing which agency to contact first. If you’re weighing whether to bring in counsel for your divorce or a standalone name-change petition, start by reading what family law attorneys actually do for your case, then schedule a consultation to get your restoration handled correctly the first time.
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FAQ
Can I Just Revert Back to My Maiden Name?
Not automatically. You need either a court order restoring your former name in your divorce judgment, or a separate Petition for Change of Name under Fla. Stat. § 68.07 if the divorce has already concluded.
How Do I Change Back to My Maiden Name After Marriage?
If you’re already divorced, file Form 12.982 with your county clerk of circuit court; restoring a name you legally held before exempts you from the fingerprinting requirement that applies to most other petitioners.
How Much Does It Cost to Change Back to a Maiden Name in Florida?
Restoring your name inside a divorce judgment typically adds no separate fee. A standalone petition after the divorce usually costs around $400 in filing fees, plus a $36 FDLE fee and livescan vendor charges if fingerprinting applies to your situation.
How Do You Change Your Last Name After Getting Divorced in Florida?
Request restoration in your petition, counterpetition, or verbally at your final hearing so the judge includes it in the Final Judgment of Dissolution of Marriage. Once signed, order certified copies and update Social Security first, then your driver license, passport, and other accounts.
