Rule 9-211.Restoration of former name after judgment of absolute divorce

Last amended January 1, 2024 · Current through June 1, 2026 · Last verified September 8, 2026

In one sentenceRule 9-211 provides the post-judgment motion by which a party restores a former name after an absolute divorce, with no filing fee and no service requirement.

Full Text of Rule 9-211

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Applicability. This Rule applies to a post-judgment motion for a change of name pursuant to Code, Family Law Article, § 7-105.

Committee note: A motion under Code, Family Law Article, § 7-105 must be filed within 18 months after the judgment of absolute divorce was entered. Instead of proceeding under § 7-105 and this Rule, a party may file a petition for change of name at any time under Rule 15-901.

(b) Motion. The motion shall be filed under oath in the action in which the judgment of absolute divorce was entered and shall state:

(1) the change of name desired and the fact that the party formerly used the name;

(2) that the party took a new name upon marriage and no longer wishes to use it; and

(3) that the party is not requesting the name change for any illegal, fraudulent, or immoral purpose.

(c) No Fee for Filing Motion. No filing fee shall be charged for the filing of the motion for change of name pursuant to Code, Family Law Article, § 7-105.

(d) Service. A motion filed pursuant to this Rule is not required to be served on any party unless otherwise ordered by the court.

(e) Action by Court. Notwithstanding Rule 2-311 (f), the court may hold a hearing or may rule on the motion without a hearing even if a hearing was requested. The court shall not deny the motion without a hearing, regardless of whether a hearing was requested.

Source: This Rule is new.

End

Amendment History

Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.

[Adopted April 9, 2018, eff. July 1, 2018. Amended Nov. 28, 2023, eff. Jan. 1, 2024.]

Plain-English Summary

Taking back a name after a divorce should be simple, and this rule makes it so. The motion is filed under oath in the same action in which the absolute divorce judgment was entered, and states three things: the name desired and that the party formerly used it; that the party took a new name on marriage and no longer wishes to use it; and that the change is not sought for any illegal, fraudulent or immoral purpose.

Three procedural provisions remove the friction. No filing fee is charged. The motion need not be served on any party unless the court orders otherwise — the other spouse has no stake in it. And although the ordinary motions rule would require a hearing on request, here the court may rule without one even if a hearing was asked for. The protection runs the other way: the court may not deny the motion without a hearing, whether or not one was requested.

A committee note supplies the deadline the rule itself does not: a motion under the governing statute must be filed within 18 months after the absolute divorce judgment was entered. A party who has missed that may still file an ordinary petition for change of name at any time.

Frequently Asked Questions

How long do I have to restore my former name after a Maryland divorce?

The committee note states that a motion under the governing statute must be filed within 18 months after the judgment of absolute divorce was entered. After that, an ordinary petition for change of name may be filed at any time.

Is there a filing fee?

No. The rule states that no filing fee shall be charged for the motion.

Do I have to serve my former spouse?

Not unless the court orders otherwise. A motion filed under this rule is not required to be served on any party.

Can the court refuse my name change without a hearing?

No. The court may grant the motion without a hearing even if one was requested, but it may not deny the motion without a hearing, regardless of whether one was requested.

Source & verification. The rule text and amendment history are reproduced verbatim from the Maryland Rules, Title 9 — Family Law Actions (Md. Rule 9-211). Adopted by the Supreme Court of Maryland. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: restore maiden name Maryland divorcechange name after divorce MarylandRule 9-211 former name18 months name restorationno fee name change