By Leisa Wintz, Esq. · Family Matters Law Group, P.A.

Name changes come up often in family law — after a divorce, after establishing paternity, or simply because a family wants a shared last name. Florida law treats adult and minor name changes differently, and timing matters for cost and convenience.

Changing Your Own Name in a Divorce

Unlike some states, Florida gives the wife the sole decision on whether to keep or change her last name after divorce — it’s entirely her choice, not something the other spouse can contest. The most cost-effective time to request this is in the original divorce petition; requesting it as part of the divorce judgment avoids the separate filing fees, court costs, and administrative steps required for a standalone post-divorce name change petition.

Changing a Child’s Last Name

Changing a minor’s last name requires a formal legal process — it isn’t as simple as just deciding to use a different name going forward. Common reasons parents pursue this include:

• Establishing paternity and wanting the child to share the father’s surname (or vice versa)
• A parent’s own name change after divorce or remarriage
• Adoption

In most cases, both legal parents must consent to a minor’s name change, or the parent seeking the change must show the court why it’s in the child’s best interest despite the other parent’s objection.

The Process for a Minor’s Name Change

Generally, this involves filing a petition with the court, providing notice to the other parent (if not jointly petitioning), and in many cases attending a brief hearing where a judge confirms the change is in the child’s best interest. The court will also want to see how the change affects the child’s existing legal documents (birth certificate, school records, etc.).

Why Timing and Documentation Matter

Whether it’s your own name or your child’s, addressing the request at the right procedural moment — during a divorce, alongside a paternity case, or as its own standalone petition — saves time and money. Waiting until after a case has closed to request a name change usually means paying separate filing fees and going through an entirely new court process.

Get Help With Your Name Change

Family Matters Law Group, P.A. handles name change petitions for adults and children throughout Florida, whether filed independently or as part of a divorce or paternity case. Schedule a consultation to get started.