In Montana you can return to a former name as part of the divorce itself. On request by a party whose marriage is dissolved or declared invalid, the court shall order the party's maiden or birth name or a former name restored (MCA § 40-4-108(5)). If your decree was entered without that order, the general name change procedure is still available, though it has more steps. This page explains both routes and what comes after. It is part of our Montana Divorce Guide.
Asking for Your Name in the Decree
The statute uses the word "shall." When a party asks, the court orders the name restored. No reason has to be given, and the statute does not call for published notice or a separate hearing on the name.
Three practical points follow from the wording:
- You have to ask. The order is made "upon request." Say so in your petition or response, and make sure the proposed decree spells out the full name exactly as you want it to appear.
- It covers a name you have had. The statute refers to a maiden or birth name or a former name. A name you have never used is a matter for the separate petition described below.
- It works for either spouse. The statute says "a party," without regard to gender.
In a summary dissolution, the joint petition itself must state whether a party elects to have a maiden, birth, or former name restored and, if so, the name (MCA § 40-4-131(2)(d)). For where the request fits among the other filings, see what goes in a divorce petition.
It Is Your Decision
Nothing in the dissolution statutes requires anyone to change a name at divorce. Some people keep a married name because it matches their children's name or their professional identity. Others want a clean break. Because the court acts on the request of the party whose name it is, the choice rests with that person.
If you are unsure, weigh the practical side. Restoring the name in the decree does not require a separate court case. Deciding later may.
The Separate Name Change Petition
Outside of a divorce, a name change is made by petition to the district court of the county where the person resides. The petition must be signed by the person and must specify the person's place of birth and residence, present name, the name proposed, and the reason for the change (MCA § 27-31-101).
When the petition is filed, the court may set a time for hearing it. Notice of the time and place of the hearing must be published for 4 successive weeks in a newspaper published in the county or, if no newspaper is printed in the county, posted in at least three public places for 4 successive weeks (MCA § 27-31-201(1)). Before the hearing, any person may file objections showing good reasons against the change (MCA § 27-31-202). At the hearing, once proof of publication is made, the court may examine the petitioner and others under oath, and may then make an order changing the name or dismissing the application (MCA §§ 27-31-203, 27-31-204).
| In the decree | Separate petition | |
|---|---|---|
| Where | In your dissolution case, as part of the decree | A separate petition in the district court of the county where you reside |
| Which names | Your maiden or birth name, or a former name | The name you propose, with the reason for the change |
| Standard | On your request, the court shall order the name restored | The court may make an order changing the name or dismissing the application, as seems right and proper |
| Publication | None required by the dissolution statute | Notice of the hearing published for 4 successive weeks in a newspaper in the county, with exceptions |
| Hearing | Handled with the decree | A hearing on the petition, at which objections may be heard |
| Source | MCA § 40-4-108(5) | MCA §§ 27-31-101, 27-31-201 to 27-31-204 |
If Publishing Your Name Would Put You at Risk
Published notice can be a real problem for someone leaving an abusive relationship. The name change statute allows the court to let a petition proceed on a sealed-record basis when probable cause is shown that the petitioner's safety is at risk and the judge is satisfied that the petitioner is not attempting to avoid debt or hide a criminal record. The request must be set out in the petition (MCA § 27-31-201(3)).
This is another reason to handle the name in the divorce decree when you can, since that route has no publication step. Anyone in danger should call 911. The National Domestic Violence Hotline is 1-800-799-7233, and our Montana Domestic Violence Guide has more on protective orders.
Children's Names
Restoring your own name does not change your children's names. The decree provision applies to a party whose marriage is dissolved. A minor's name is changed by a petition under MCA § 27-31-101, signed by the minor and by one of the minor's parents. Publication is not required if both parents and all legal guardians consent in writing (MCA § 27-31-201(2)).
When parents disagree about a child's name, the question is contested and fact-specific. The statutes we reviewed do not set out a test for it, so get legal advice before you file.
Updating Your Records After the Order
A decree or name change order gives you the legal basis for the new name. Each agency and company then updates its own records when you ask and show the order.
- Get certified copies. Ask the clerk of district court for certified copies of the decree or order, since agencies may want to see one.
- Social Security. Federal regulations require a person who wishes to change the name on Social Security records to complete the prescribed application and prove identity, and the agency may ask for other evidence. It may then issue a replacement card with the same number and the new name (20 C.F.R. § 422.110(a)). Check ssa.gov for the current application and the documents it accepts.
- Driver license. Contact the Montana Motor Vehicle Division for its current requirements and bring your certified order.
- Everything else. Passport, voter registration, bank and retirement accounts, employer and payroll, insurance, professional licenses, vehicle titles, and your will and beneficiary designations.
The name change belongs on a longer list of follow-up tasks. See our after the divorce checklist and the page on the final decree of dissolution.
This page explains Montana law in general as of the 2025 Montana Code Annotated. Agency requirements for updating records change, so confirm them with each agency. It is not legal advice about your specific case.