Changing Your Name After Divorce in Pennsylvania: What to Know
Once a divorce is behind you, going back to a name that feels like your own is a common next step. Pennsylvania has a fairly simple path for many people, but it is not the same path for everyone.
Going back to a prior surname
Under 54 Pa.C.S. § 704, a party to a divorce can resume a prior surname by filing a written notice with the prothonotary, the court clerk, in the county where the divorce case was filed or where the decree was entered. The notice includes the case caption and docket number. It can be filed before or after the divorce decree is entered.
Whether your case was filed in Delaware County, Philadelphia, Montgomery, Chester or Bucks County, the filing goes to the prothonotary in that county. Pennsylvania has a standard form for this, called a Notice of Intention to Resume Prior Surname. Some counties require the signatures to be notarized, so it is worth checking local practice first.
Why the word “prior” matters
Section 704 covers a surname you have used before, most often a maiden name. It is not a way to pick a brand new name. If you want a different first name, or a surname you have never used, that is a regular name change under 54 Pa.C.S. §§ 701 and 702.
That route is more involved. It generally means filing a petition in the court of common pleas in the county where you live, attending a hearing, publishing notice in two newspapers, and showing that searches turned up no judgments or decrees against you. Most petitions also go through a State Police fingerprint and criminal history check. Resuming a prior surname after divorce is exempt from that check. Certain criminal histories can also limit whether a court may approve a change.
What if your divorce was granted somewhere else?
Pennsylvania law also addresses people divorced in another state or country. Under § 704(b), you can file a certified copy of the foreign decree with the prothonotary in the county where you live, and then file the notice referring to that decree.
Children and other loose ends
Your name and your children’s names are separate questions. Changing a child’s name can involve notice to the other parent and other considerations, so it should not be treated as an automatic part of resuming your own surname.
After the paperwork is filed, you will usually need to update your identification and records. Agencies and institutions often ask for proof of the change, such as a certified copy of the decree or the filed notice, and their requirements can differ, so it helps to ask each one what they accept.
Every situation is a little different. Timing, the kind of name you want, where you were divorced and whether children are involved can all change the steps. A short conversation can save you from filing the wrong thing in the wrong place.
Questions about your own name change or divorce paperwork? Contact Ames Law Group to talk through your situation.
This post is general information and not legal advice.
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