§ 19-5-16.Restoration of maiden or prior name
Chapter 5. Divorce · Last amended 2024 · Last verified October 9, 2026
Full Text of § 19-5-16
Plain-English Summary
This section offers two ways to take back a former name, one during the divorce and one after it. Subsection (a) covers the divorce case itself. In any divorce action, either party may ask in his or her pleadings for restoration of a maiden or prior name. A “prior” name can include a name used before this marriage, not only a birth name. When the divorce is granted, the decree “shall specify and restore” the name requested in the pleadings — once the request is in the pleadings, the decree must restore that name. The decree form in § 19-5-12 includes a clause for this.
Subsection (b) covers people who did not ask in time. After a divorce decree is entered, a former spouse may petition the court by motion ex parte — a request the court can act on without the other side taking part — to restore his or her legal surname to the given surname shown on his or her birth certificate. The motion may be filed at any time after the decree, notwithstanding any other law or court order that would require the request before the decree or within the term of court in which it was entered, and even if the name was never requested in the original pleadings. No publication in any legal organ is required. The court, with or without a hearing, may issue an order restoring the birth-certificate surname in chambers at any time after the motion is filed.
Two limits stand out. The post-decree route restores only the surname shown on the birth certificate; it does not reach a name from an earlier marriage. A person who wants some other name may need Georgia’s general change-of-name procedure in Chapter 12 (see § 19-12-1). And subsection (b) applies to motions filed on or after May 1, 2024. The section was amended in 2024, effective April 22, 2024.
Frequently Asked Questions
Can I change my name back after my Georgia divorce is final?
Yes, to your birth-certificate surname. Under subsection (b), a former spouse may file an ex parte motion at any time after the divorce decree to restore his or her legal surname to the given surname shown on the birth certificate. This applies to motions filed on or after May 1, 2024. The court may grant the order with or without a hearing.
Do I have to publish notice to restore my maiden name after divorce in Georgia?
No, not for a motion under subsection (b). The section says no publication in any legal organ is required. The motion is ex parte, and the court may issue the order restoring the birth-certificate surname in chambers at any time after the motion is filed, with or without a hearing.
Can I go back to a name from a previous marriage after my divorce?
During the divorce, yes. Subsection (a) lets a party ask in the pleadings for restoration of a “maiden or prior name,” and the decree must then restore it. After the decree, subsection (b) restores only the surname on your birth certificate. For any other name, Georgia’s general change-of-name procedure in Chapter 12 (see § 19-12-1) may be needed.
Do I need a hearing to restore my name after a Georgia divorce?
Not necessarily. For a post-decree motion under subsection (b), the court “with or without a hearing may issue an order” restoring the birth-certificate surname, in chambers, at any time after the motion is filed. Whether to hold a hearing is left to the court.
What if I forgot to ask for my name back in my divorce papers?
You can still ask after the decree. Subsection (b) allows the motion at any time after the decree, even if the name was not requested in the original pleadings and despite any law or order requiring an earlier request. The motion restores the surname on your birth certificate, and it applies to motions filed on or after May 1, 2024.
Amendment History
Laws 1880-81, p. 121, § 1; Laws 2024, Act 397, § 1, eff. April 22, 2024.
Formerly Code 1882, § 3586a; Civil Code 1895, § 2446; Civil Code 1910, § 2965; Code 1933, § 30-121.