This page addresses the resumption of a prior name within a divorce — also called a name restoration provision. The firm handles name changes only in the context of an active divorce matter. Standalone name change petitions, minor name changes, and name changes outside of a divorce proceeding are not handled by the firm.
Resuming a Prior Name in a Pennsylvania Divorce
Pennsylvania law treats the resumption of a prior surname as one of the simplest items in the entire divorce process. Under 54 Pa.C.S. § 704, a party to a divorce may resume a prior surname — typically a maiden name or a name used in a prior marriage — by filing a written notice with the prothonotary. There is no court hearing, no publication requirement, no background check, and no separate proceeding. The notice itself is the mechanism.
Requesting Name Restoration in Your Divorce
The Statutory Framework: 54 Pa.C.S. § 704
Under section 704(a), any person who is a party to a divorce action may, at any time prior to or subsequent to the entry of the divorce decree, resume any prior surname used by them. The mechanism is a written notice filed with the prothonotary of the county in which the divorce action was filed or the decree of divorce was entered. The notice identifies the caption and docket number of the divorce proceeding and the prior name being resumed.
This is fundamentally different from a formal name change to a name a person has not previously used. A formal name change under Pa.R.C.P. 1900 et seq. requires a petition filed in the Court of Common Pleas, publication in a newspaper of general circulation, a criminal background check, and a court hearing — and section 704 expressly carves itself out of those requirements. A resumption of a prior surname is just a notice. There is no proceeding.
When to Make the Request
The request can be made at any time. Many people raise it during the divorce so the resumption is contemporaneous with the decree, but the statute does not require that. If the divorce decree was entered without addressing the name, the prior name can still be resumed afterward by filing the section 704 notice with the prothonotary in the county where the divorce was entered. There is no deadline, no missed window, and no need to reopen the divorce.
What "Prior Name" Means
Section 704 specifically authorizes resumption of a prior surname used by the person. That includes the birth name (maiden name) and any surname used in a prior legal marriage. It does not authorize adoption of a completely new name — one the person has never legally used. A new name requires the formal name change proceeding under Pa.R.C.P. 1900, which is a different process and not covered by section 704.
The Allegheny County Process
For divorces filed or entered in Allegheny County, the section 704 notice is filed with the Department of Court Records (DCR), which performs the prothonotary function for the Allegheny County Court of Common Pleas. The DCR processes the filing administratively. There is no scheduled appearance and no judicial action required. Once the notice is filed and accepted, certified copies of the divorce decree paired with the section 704 notice are the documents used to update identity records with outside institutions.
How to Update Your Records After the Decree
A certified copy of the divorce decree, along with the filed section 704 notice where applicable, is the primary documentation used to update your legal identity records. The process involves updating each institution separately — there is no central registry. Generally, the order of updates matters: Social Security is typically done first, followed by a driver's license or state ID, and then other documents and accounts.
File Form SS-5 (Application for a Social Security Card) with the SSA. You will need a certified copy of the divorce decree showing the name restoration, along with proof of identity. Updated Social Security records are the foundation for most other updates.
Visit a PennDOT Driver's License Center with the certified divorce decree and your updated Social Security documentation. A new license reflecting your restored name will be issued.
If your current passport reflects the name being changed, you will need to apply for a new passport using the updated Social Security documentation and the certified divorce decree. If your passport is less than one year old, Form DS-5504 (no fee) applies. If older, Form DS-11 or DS-82 applies depending on the circumstances.
Banks, investment accounts, retirement accounts, and your employer's payroll and HR records all need to be updated separately. Each institution has its own process. A certified copy of the divorce decree is the document to bring.
Voter registration, professional licenses, insurance policies, credit cards, utilities, subscriptions, and any other accounts or licenses held in your name should be updated as well. This process typically takes several weeks to complete across all institutions.
Order multiple certified copies of your divorce decree from the Allegheny County Department of Court Records. Each institution typically wants an original certified copy — not a photocopy — and the cost of obtaining additional certified copies later is higher than ordering extras at the outset.
Filing the Section 704 Notice After the Divorce
If your divorce decree was entered without addressing the resumption of your prior name, you have not missed any window. Section 704 expressly permits filing the notice "at any time prior to or subsequent to the entry of the divorce decree." File the written notice with the prothonotary (in Allegheny County, the Department of Court Records) in the county where your divorce was filed or where the decree was entered, identifying the caption and docket number of the divorce proceeding and the prior name being resumed. There is no court appearance, no hearing, and no publication requirement.
For divorces granted in another state, section 704(b) provides for filing a certified copy of the foreign divorce decree with the prothonotary of the county where you reside in Pennsylvania, after which the section 704 notice may be filed with reference to that decree.