Can I Keep My Married Name After Divorce in Illinois?

 Posted on June 19, 2025 in Family Law

A divorce often marks the beginning of a personal reinvention, but not everyone feels the need to make sweeping changes. When it comes to your last name, it may be challenging to decide whether or not to change it. 

For some, reclaiming a maiden name feels empowering. For others, keeping a married name provides continuity for professional identity or their children’s sake. Knowing your rights and the process involved can help you decide what is best for your future. A knowledgeable DuPage County family law attorney can walk you through your options and ensure that your decisions are legally sound.

Is It Required to Change My Name After Divorce?

In Illinois, you are not legally required to change your name after divorce. The choice is entirely yours. Many people choose to keep their married name for professional consistency, to maintain the same last name as their children, or simply because they prefer it.

If you do not want to change your name, you typically do not need to do anything after the divorce. Just continue using your current name. If your divorce decree includes language about a name change, make sure you inform the court that you do not wish to revert to your maiden name.

Can I Change My Name Later If I Do Not Do It During the Divorce?

You can change your name later if you decide not to do it during your divorce. However, the process is a bit more involved.

In Illinois, if your divorce judgment does not include a name change order, you must file a separate Petition for Name Change in civil court. This process requires:

• Filing a formal petition in the county where you reside

• Publishing notice of your name change in a local newspaper for three consecutive weeks (unless waived for safety)

• Attending a court hearing for final approval

Will Keeping My Married Name Affect My Legal Documents?

Keeping your married name will not create legal issues, as long as it matches the name on your identification documents. You may continue using your married name on:

• Driver’s license and state ID

• Social Security card

• Passport

• Bank accounts and credit cards

If you eventually decide to change your name, you will need to update these records to match the new name to avoid confusion or delays in accessing services.

Will My Ex-Spouse Have a Say in Whether I Keep the Married Name?

Your ex-spouse cannot legally require you to change your last name or prevent you from keeping it. The decision rests solely with you. However, if you choose to change your name during the divorce, it must be included in the final divorce decree.

Can I Still Be Awarded Custody or Parenting Time if I Keep My Married Name?

Your choice to keep or change your name does not affect decisions about parenting time, parental responsibilities, or custody. Courts in Illinois prioritize the children's best interests, and your surname has no bearing on your parenting rights.

Contact a DuPage County, IL Divorce Lawyer

If you have questions about name changes or other divorce-related legal concerns, a Lombard, IL family attorney at Mevorah & Giglio Law Offices can provide quality guidance. Our team can help you understand what options are available while also making sure your rights are protected. Call 630-932-9100 to schedule free a consultation today.