How to change your name back after a divorce in Delaware
Divorced and going back to your former name with a Delaware license? If your decree includes a name-restoration clause, a certified copy of that decree is the legal document — no separate court petition. What you do need is the right order, because every agency checks your name against the one before it. Here's the sequence, with Delaware's actual fees and rules. (No clause in your decree? See the questions at the bottom.)
Step 1
Social Security card (Form SS-5) — free
Always first. The DMV, the passport agency, and the IRS all verify your new name against Social Security's records, so nothing else can go through until this does. File Form SS-5 with your certified divorce decree (with the name-restoration clause) — it's free and takes about 7–14 days. Don't file a tax return under your new name until it completes.
Step 2
Delaware driver's license — Delaware DMV
Fee: $10. This one is an in-person visit — bring your certified divorce decree (with the name-restoration clause).
Go to a DMV office in person within 30 days. Bring your certified divorce decree. The trap: update Social Security 48 to 72 hours beforehand.
Official details: Delaware DMV — name changes
Step 3
U.S. passport (if you hold one)
Which form you use depends on when your passport was issued: DS-5504 (free, issued under a year ago), DS-82 (by mail, within 15 years), or DS-11 (in person, older or first passport). You mail your current passport and your certified divorce decree (with the name-restoration clause) with the application; the wait is about 4–6 weeks routine plus mailing as of Sept 2026; check travel.state.gov for today's time (the State Department's own figure). Paying to expedite shortens it. Book flights in whichever name your passport will show on travel day.
Step 4
Voter registration
Free. Re-register under your new name — some states let you do it online once your Delaware license shows the new name, or use the national mail form. Then comes the long tail nobody warns you about: banks, payroll, insurance, beneficiaries, airline miles — about 126 updates in all.
What a divorce decree can and can't do
- With a name-restoration clause, a certified copy of the decree returns you to a former name — your birth surname or a prior married name — at every agency, the same way a newlywed's certificate does.
- Without the clause, the decree alone changes nothing: agencies will send you away. You need a separate court order first (a name-change petition in your county court, or in some states a short motion to amend the decree — ask the clerk of the court that granted your divorce).
- A brand-new surname is never a decree matter; that is a regular name-change petition, after which the certified order is your document everywhere.
Not legal advice — confirm with the clerk of the court that granted your divorce.
What to bring to the Delaware DMV
- Certified divorce decree (with the name-restoration clause) — a certified copy from the clerk of the court that granted the divorce, seal and all; a plain photocopy is refused
- Your current driver's license or state ID
- Payment for the license fee (see above; some offices are card- or cash-only)
- Proof of residential address — some states ask for one or two documents
- Patience for a new photo — most states retake it
Living outside the U.S. with a Delaware license?
- Social Security: file SSA's overseas form, SS-5-FS, through the Federal Benefits Unit at the nearest U.S. embassy or consulate (ssa.gov/foreign lists them). Still first: everything else checks against it.
- Passport: renew through the nearest U.S. embassy or consulate (travel.state.gov). Don't mail your passport to the U.S. addresses printed on the form; it will bounce.
- Your Delaware license: the Delaware DMV name change is an office visit, so it generally waits until you're back. Your license stays valid under the old name meanwhile — carry your certified divorce decree (with the name-restoration clause) for anyone who needs the two names connected.
- Voting: register and request ballots from abroad with the Federal Post Card Application at fvap.gov, in your new name. Delaware stays your voting residence.
What we prepare for Delaware
Delaware has no application to fill ahead of time — the Delaware DMV keys the change at the counter — so we give you clear instructions for the visit, and fill your federal forms (SS-5, the right passport form, voter registration) for you. Plus pre-written letters for banks, employers, and the rest of the long tail, sequenced on one checklist.
Change Your Name is a self-help form-preparation service, not a law firm. You review, sign, and submit everything yourself — we make your part take minutes instead of weekends.
Start my Delaware name changeDelaware name-change questions
How much does it cost to change the name on your Delaware license?
The Delaware DMV charges $10 for the updated credential. The Social Security update that comes first is free, and updating your voter registration is free too.
Can I change my Delaware license name online or by mail?
No — the Delaware DMV requires an in-person visit for name changes, with your certified divorce decree (with the name-restoration clause) in hand. Online and mail services in Delaware generally cover renewals and address changes only.
How long does the whole name change take in Delaware?
Plan on 4–8 weeks end to end. Social Security processes in about two weeks, the Delaware DMV update usually happens the same day you're at the counter (the new card may arrive by mail), and a passport takes about 4–6 weeks routine plus mailing as of Sept 2026; check travel.state.gov for today's time (paying to expedite is faster). The sequence matters more than the speed, so start with Social Security.
Do I need a court order to go back to my former name in Delaware?
Usually not. If your divorce decree includes a clause restoring your former name, a certified copy of that decree is the name-change document — Social Security, the passport agency and the Delaware DMV all accept it. If your decree is silent about your name, the decree alone won't work anywhere: you need a separate court order first, and our checklist starts with that step when you tell it so.
Can a divorce decree give me a brand-new name?
No. A restoration clause returns you to a name you had before — your birth surname or a prior married name. Anything new is a regular name-change petition in your county court, after which the certified order is your document everywhere.
Different situation?
Fees, forms, and rules on this page were verified against the Delaware DMV's official site. States change fees and forms — always confirm on the official Delaware DMV page before your visit. Wondering how we compare to other services? See the honest comparison.