Of all the things people worry about in a divorce, the name change question is one of the least complicated. Which is why I am a little surprised by how often it falls through the cracks.

Here is what you actually need to know.

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You Can Include It in the Divorce Decree

In Tennessee, a person seeking a name change as part of a divorce can include the request directly in the divorce complaint and have the court address it in the final decree. No separate proceeding. No extra hearing. One sentence in the complaint, one provision in the decree.

The decree will contain a specific provision restoring your former name. That provision is your legal authority to update your driver’s license, Social Security card, passport, bank accounts, and everything else.

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What the Decree Gets You

The decree itself is the document you take to the Social Security Administration first, then the Tennessee Department of Safety for your driver’s license, then your bank, then everywhere else.

The order of operations matters. (Trust me on this.) Social Security first, then driver’s license, then financial accounts. Each institution tends to want the one before it done first.

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If You Forgot to Include It

If the divorce is final and you did not include a name change provision, you can still change your name. You file a separate petition for name change in the circuit or chancery court of your county. It is a relatively straightforward process, but it costs time and a filing fee that could have been avoided.

And if there is a minor child involved, be aware that you cannot change your child’s name through a divorce proceeding the same way. A child’s name change requires a separate petition and, usually, the other parent’s consent or a court finding that the change is in the child’s best interest.

Lawyer Bill’s Advice

If you want your name back, say so in the complaint. Do not assume it happens automatically.

It does not.

One sentence in the right document saves a separate court filing later.

Ask your attorney to include it. It takes thirty seconds.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.