Can You Change Your Name During or After a Scottsdale Divorce?

Author : maddy smith | Published On : 07 Sep 2026

 

Divorce can bring many changes to your life, including changes to your home, finances, parenting arrangements, and even your name. If you changed your last name when you got married, you may want to return to your former name after the divorce.

If you are going through a divorce in Scottsdale, Arizona, you can usually ask the court to restore your former name as part of the divorce process. Arizona law specifically allows a party to request restoration of a former name before the divorce decree is signed by the judge.

But what if you did not request the name change during the divorce? You may still have another option. Arizona courts also have a separate process for legal name changes.

Here is what Scottsdale residents should know.

Can You Change Your Name During an Arizona Divorce?

Yes. Arizona law allows a person getting divorced to ask the court to restore a former name.

Under Arizona Revised Statutes § 25-325, either spouse can request that a former name be restored at any time before the judge signs the divorce decree. If the request meets the requirements, the court must order the requested former name to be restored.

This can be useful if you want to return to the last name you used before marriage.

For example, suppose Sarah Smith married John Jones and began using Sarah Jones. During the divorce, Sarah may ask the court to restore her former name, Sarah Smith.

The name change can become part of the divorce decree instead of requiring a separate name-change case.

When Should You Ask for Your Former Name Back?

It is generally best to raise the issue during the divorce rather than waiting until after the decree is signed.

Arizona law says the request to restore a former name must be made before the decree of dissolution or annulment is signed by the court.

This means you should tell your attorney or make sure the appropriate divorce paperwork includes your name-restoration request early enough in the case.

Waiting until after the divorce is final may mean you need to use the separate name-change process instead.

What If You Did Not Change Your Name During the Divorce?

You may still be able to change your name after the divorce.

The Arizona Judicial Branch explains that returning to a prior name after a divorce can also be handled as a separate name-change matter. If the name change was included in the divorce, you can obtain a certified copy of the divorce decree from the Clerk of the Court.

Arizona law also provides a general process for a person who wants to adopt another name. Under A.R.S. § 12-601, an individual may file an application with the Superior Court in the county where the person lives.

For Scottsdale residents, this generally means dealing with the Superior Court in Maricopa County.

What Is the Difference Between Changing Your Name During and After Divorce?

The main difference is how the name change is handled.

Planning ahead can make the process easier, especially if you have several records that will need to be updated.

What Happens After the Court Restores Your Name?

Getting a court order is only the first step.

Once your divorce decree or separate name-change order is available, you will usually need to update your records with government agencies, financial institutions, employers, insurance companies, and other organizations.

The Arizona Judicial Branch specifically notes that if your name was changed as part of the divorce, you should obtain a certified copy of the divorce decree from the Clerk of the Court.

You may need to update records such as:

• Driver's license or state identification

• Social Security records

• Passport

• Employer records

• Bank and credit accounts

• Insurance policies

• Retirement accounts

• Medical records

• Property records

• Professional licenses

• School or child-related records

It is helpful to keep several certified copies of your court order because different organizations may ask for proof of the legal name change.

Does Changing Your Name Change Your Legal Obligations?

No.

Changing your name does not erase your financial or legal responsibilities.

Arizona's general name-change law states that changing a person's name does not release that person from obligations incurred under the former name or destroy property rights or legal claims connected to the former name.

For example, changing your last name does not remove:

• Child support obligations

• Spousal maintenance obligations

• Debts

• Taxes

• Court orders

• Property interests

• Contracts

• Other legal responsibilities

Your identity changes, but your existing legal obligations do not disappear.

Can You Change Your Child's Name During Your Divorce?

Changing your own name is different from changing a child's name.

A parent should not assume that restoring their former name automatically changes the child's last name. A child's name is a separate legal issue.

Maricopa County provides separate procedures for name changes involving families and minor children. The court's name-change materials explain that specific forms and requirements apply when a parent is requesting a name change for a minor child.

If you want your child's name changed as well, it is important to understand the separate requirements before including it in your plans.

Do You Need a Separate Court Case After Divorce?

Not always.

If you request restoration of your former name before the divorce decree is signed and the court grants the request, a separate name-change case may not be necessary for that restoration.

The Arizona Judicial Branch states that restoring a prior name after dissolution of marriage is typically done as part of the divorce, although it can also be handled separately.

If your divorce has already been finalized without restoring your former name, you may need to follow the separate legal name-change procedure.

What Is the Separate Name-Change Process in Maricopa County?

If you need to change your name after your divorce, Maricopa County provides name-change forms through its Law Library Resource Center.

For example, the county has a process for an adult with no minor children and a separate process for an adult who is a parent of at least one minor child.

The exact forms depend on your situation.

A general name-change case may require you to:

1. Complete the correct application.

2. File the required documents with the court.

3. Follow any notice requirements that apply.

4. Attend a hearing if required.

5. Receive the court's name-change order.

6. Obtain certified copies.

7. Update your identification and other records.

The court may consider whether the requested change could affect another person's rights. Arizona law also requires information about certain criminal convictions and pending charges in a name-change application.

What If You Want a Completely New Name?

Restoring your former name after divorce is different from choosing an entirely new name.

For example, returning from "Emily Brown" to "Emily Carter," your former name, is a restoration of a prior name.

But if you want to choose a name you have never used before, you may need to use Arizona's separate legal name-change procedure.

The court can review the request under the state's name-change laws. The applicant must also understand that a name change does not remove existing debts, legal responsibilities, or property obligations.

Common Mistakes to Avoid

Waiting Until the Divorce Is Final

If you know you want your former name restored, raise the issue before the judge signs the divorce decree. Arizona law specifically addresses name restoration before the decree is signed.

Assuming the Name Changes Automatically Everywhere

A court order does not mean every organization will immediately update your records.

You will still need to provide proof of the change to the appropriate agencies and businesses.

Forgetting Certified Copies

Keep certified copies of your divorce decree or name-change order. They can be useful when updating important records.

Thinking a Name Change Removes Debts

It does not. Your financial and legal obligations remain connected to you even after your name changes.

Assuming Your Child's Name Changes Too

Your name restoration does not automatically change your child's legal name. A separate process may apply.

Conclusion

Changing your name can be an important part of starting life after divorce. In Arizona, you can request restoration of a former name before the divorce decree is signed. This can make the process easier because the name restoration can be included in the divorce case itself.

If you have already completed your divorce, you may still have the option of using Arizona's separate legal name-change process. The right approach depends on when you want the change, the name you want to use, and your individual circumstances.

If you are going through a divorce in Scottsdale and have questions about name restoration or other family law issues, view our Scottsdale office to learn more about local resources and how our team can help.

 

Frequently Asked Questions

Can I go back to my maiden name during a Scottsdale divorce?

Yes. Arizona law allows either party to request restoration of a former name before the divorce decree is signed by the court.

Can I change my name after my Scottsdale divorce is final?

Yes, a separate legal name-change process may be available if your former name was not restored during the divorce. Arizona courts provide separate name-change forms and procedures.

Does my spouse have to agree to my name change?

Restoration of your former name is handled through the divorce court. Arizona law provides that, on request before the decree is signed, the court shall order the requested former name restored.

Will changing my name affect child support?

No. A name change does not remove existing legal obligations. Child support orders remain in effect even if a parent's legal name changes. Arizona's general name-change law makes clear that changing a name does not release a person from existing obligations.

Do I need a lawyer to change my name?

Not necessarily. The Arizona Judicial Branch states that a name change can usually be completed without a lawyer. However, divorce cases can involve other legal issues, so getting legal advice may be useful when the name change is part of a larger family law matter.

What document proves my name was legally changed?

If the change was included in your divorce, a certified copy of the divorce decree can serve as proof. If you completed a separate name-change case, the court's name-change order can provide proof.