How to Change Your Name After an Uncontested Divorce in Ontario

Can You Legally Change Your Name After an Uncontested Divorce in Ontario?

Rights under Ontario Law to Revert to a Former Surname

Under Ontario’s Change of Name Act, you have the legal right to resume your previous surname after a divorce. This process is streamlined for individuals who wish to go back to the last name they used before getting married. If your divorce is finalized—whether through a contested or uncontested divorce—you can resume your former surname by simply completing the appropriate forms and submitting them to ServiceOntario along with supporting documents.

Resuming a former surname is especially common for individuals who adopted their spouse’s last name during the marriage and now wish to re-establish their previous identity post-divorce.

No Legal Requirement to Change Your Name Post-Divorce

It’s important to understand that you are not legally required to change your name after a divorce in Ontario. Many people continue to use their married name for personal or professional reasons, especially if they’ve built a career or have children with the same surname. The choice is entirely personal.

Ontario family law does not mandate that you revert to your previous name or adopt a new one. Even after the court grants your uncontested divorce, your name remains unchanged unless you initiate a name change process.

Difference Between Resuming a Previous Name and a Formal Legal Name Change

There are two distinct options for changing your name after an uncontested divorce in Ontario:

• Resuming Your Previous Surname:
  This is a straightforward process that allows you to return to the last name you had immediately before your marriage. It does not count as a legal name change under Ontario law, and you won’t need to go through the same level of documentation or pay the standard legal name change fee. You’ll need to submit a “Request to Resume Former Surname” along with your divorce certificate or divorce order to ServiceOntario.
• Formal Legal Name Change:
  If you want to change your name to something other than your pre-marriage surname, you must apply for a legal name change through ServiceOntario. This is a more formal process that includes submitting fingerprints, providing proof of divorce, and paying a fee. This route is commonly chosen by those who want a completely new identity post-divorce or who didn’t change their name at marriage but now wish to adopt a different name.

Changing Your Name by Resuming a Previous Surname

When You’re Eligible to Resume a Former Last Name

You are eligible to resume a previous surname if you legally adopted your spouse’s last name when you got married and now wish to return to the surname you used immediately before marriage. This option is open to both men and women and can be used regardless of how long you were married or how the divorce was finalized—as long as it’s now official.

It’s important to note that this method only applies if you are returning to a previously used surname. If you want to adopt an entirely new surname or a different previous name (for example, your birth surname if you used a different name at marriage), you’ll need to apply for a formal legal name change instead.

Required Documentation: Marriage Certificate and Divorce Order or Certificate of Divorce

To resume your former surname in Ontario, you must submit documentation to prove your marriage and divorce. The required documents typically include:

• Your Marriage Certificate (to confirm the change of name at the time of marriage)
• Divorce Order or Certificate of Divorce (to confirm the dissolution of the marriage)

These documents demonstrate your legal eligibility to resume your former surname and are submitted alongside the “Election to Resume Former Surname” form available through ServiceOntario.

In some cases, if you were married outside Ontario but reside in the province now, you may still qualify to resume your previous surname, provided that your divorce is legally recognized in Ontario and you supply comparable documentation.

No Fee If Resuming a Previous Name Used Before Marriage

One of the key benefits of this name change route is that there is no government fee when you’re simply resuming a former surname used before marriage. This makes the process both cost-effective and administratively simple compared to applying for a full legal name change.

Once the paperwork is processed, you can begin updating your identification documents such as your driver’s licence, health card, passport, and bank records to reflect your previous surname.

Formal Name Change Through ServiceOntario

When a Formal Legal Name Change Is Required

A formal legal name change is necessary in the following situations:

• You wish to adopt a completely new surname not previously used.
• You want to take on a hyphenated name or combine surnames in a way that wasn’t used before marriage.
• You’re returning to a birth name that wasn’t the surname immediately before marriage.
• You’re planning to make changes to both your first and last name.

Application Process Through ServiceOntario

To apply for a legal name change, you must submit a formal application through ServiceOntario. The application package includes:

• Application to Change an Adult’s Name form
• Original Birth Certificate or Certificate of Canadian Citizenship
• Divorce Order or Certificate of Divorce as proof that you are no longer married
• Consent forms or affidavits (if applicable)

You must also undergo a criminal record check via fingerprinting as part of the identity verification process. This step is mandatory to ensure the name change is not being pursued to avoid legal or financial obligations.

Required Documents and Current Fees

As of the latest update, the standard fee for a formal adult name change in Ontario is $137. This fee covers the processing of your application and the issuance of a Change of Name Certificate.

Additional fees may apply for:

• Fingerprinting services (costs vary depending on the provider)
• Extra copies of the Change of Name Certificate ($22 per copy)
• Replacement of ID and official documents, such as your passport or health card

You’ll need the following documents:

• Completed application form
• Proof of citizenship or immigration status (e.g., birth certificate or Canadian citizenship card)
• Divorce documentation (if applicable)
• Payment for applicable fees
• Fingerprint-based background check results

Where to Update Your Name After Divorce

Below are the key places where you’ll need to update your name:

Ontario Health Card (OHIP)

To update the name on your Ontario Health Insurance Plan (OHIP) card, visit a ServiceOntario centre in person. You will need to bring:

• Your current OHIP card
• Your Change of Name Certificate or documentation proving the name change (e.g., Divorce Order or Certificate of Divorce if resuming a former surname)
• Additional ID, such as your driver’s licence or passport

There is no fee to update your OHIP card, and a new card with your updated name will be mailed to you.

Driver’s Licence and Vehicle Registration

You must update your driver’s licence and vehicle registration within six days of your name change, as required under Ontario’s Highway Traffic Act. To do this, visit a ServiceOntario centre and bring:

• Your existing driver’s licence
• Change of Name Certificate or Divorce Order/Certificate (as applicable)
• Supporting identification showing your new name

Don’t forget to update your vehicle permit and insurance documents at the same time to ensure consistency across all Ministry of Transportation records.

Canada Revenue Agency (CRA), Bank Accounts, and Workplace Records

Canada Revenue Agency (CRA):

To notify the CRA of your name change, you can:

• Call 1-800-959-8281
• Write a letter to the CRA with a copy of your legal name change document
• Use your CRA My Account online profile to update personal information

Bank Accounts:
Contact your bank or credit union directly to update your name. Most financial institutions require:

• Valid government-issued photo ID in your new name
• Original Change of Name Certificate or Divorce documentation
• Your debit/credit cards and account details

Updating your name ensures that your cheques, accounts, credit cards, and tax documents reflect your current legal identity.

Workplace Records:
Notify your employer as soon as possible to update:

• Payroll and tax information (T4s)
• Email address and HR records
• Benefits, insurance, and pension plans

Your employer may request to see official documentation of the name change to process updates in their system.

Timeline and Processing Duration

How Long Each Type of Name Change Typically Takes

Resuming a Previous Surname:

If you’re returning to the last name you used before marriage, the process is relatively quick and straightforward. Once you submit the required documents—such as your Marriage Certificate and Divorce Order or Certificate of Divorce—to ServiceOntario, the change is usually processed within 2 to 4 weeks.

You can often begin using your former surname immediately in informal settings (such as updating your email signature or social media), but you’ll need to wait for official confirmation before updating government-issued ID and legal documents.

Formal Legal Name Change:

If you’re applying for a full legal name change (e.g., adopting a brand-new surname), the timeline is longer due to the additional verification and security checks required. The average processing time is typically 6 to 8 weeks, though this can vary depending on volume and the completeness of your application.

This timeline includes the time needed for:

• Submitting your application
• Completing a fingerprint-based background check
• Receiving your Change of Name Certificate from the Office of the Registrar General

Delays to Expect During Peak Periods or Incomplete Applications

Processing times can increase significantly during peak periods (such as the spring and early summer months), or when there is an influx of applications. Common reasons for delays include:

• Missing or incorrect documentation (e.g., unsigned forms, outdated certificates)
• Incomplete fingerprint/background check submission
• Errors in the application form or mismatched personal details
• Requests for additional information from ServiceOntario

To avoid these setbacks, double-check all documents and instructions before submission and ensure you meet eligibility requirements.

How to Check the Status of Your Name Change

You can check the status of your formal name change application by:

• Calling ServiceOntario at 1-800-461-2156 (toll-free within Ontario)
• Emailing ServiceOntario with your application reference number
• Logging into your ServiceOntario online account (for applicable services)

Common Mistakes to Avoid During the Name Change Process

Using an Invalid or Outdated Divorce Order

One of the most frequent errors is submitting a Divorce Order or Certificate of Divorce that is either:

• Incomplete (e.g., missing the court seal or signature)
• Not the final version (e.g., a draft or interim order)
• From a jurisdiction outside Ontario without legal recognition

For the name change process to proceed, you must submit official, finalized divorce documentation issued by an Ontario family court or recognized equivalent. Ensure that all documents are legible, complete, and current.

Tip: If you’re unsure whether your divorce documentation qualifies, contact ServiceOntario before submitting your application.

Not Updating Identification Consistently

Once your name change is approved—either through resuming a former surname or a formal legal name change—it’s critical to update all forms of identification and personal records consistently. Failing to do so can result in:

• Issues with government benefits and healthcare
• Denied access to banking or travel services
• Payroll or tax filing complications

Ensure you update your name across:

• Driver’s licence and vehicle registration
• Ontario health card (OHIP)
• Canada Revenue Agency (CRA)
• Passport
• Bank accounts and credit cards
• Insurance, pension, and employment records

Inconsistencies can raise red flags for identity verification and create unnecessary complications in everyday life.

Assuming the Name Change Is Automatic After Divorce

A common misconception is that your name automatically reverts to your maiden or previous surname once your uncontested divorce is finalized. In reality, name changes do not happen automatically in Ontario.

Even if you resumed your former surname informally in conversation or on social media, government agencies and legal institutions will continue to recognize your married name unless you take formal steps to change it.

Whether you’re:

• Resuming a former surname (no fee, simpler process), or
• Applying for a formal legal name change (requires application and fee),

You must initiate the process through ServiceOntario and submit the appropriate documentation.

Do You Need a Lawyer to Change Your Name?

Not Required, But Helpful If the Divorce Documents Are Unclear or Incomplete

Ontario law allows you to change your name—either by resuming a former surname or applying for a formal legal name change—without a lawyer. The procedures are outlined clearly by ServiceOntario, and in many cases, people can complete the steps independently.

However, if your divorce documents are unclear, incomplete, or issued outside Ontario, it may be difficult to prove eligibility. Examples of such issues include:

• A Divorce Order missing a judge’s signature or court seal
• Divorce documents issued in another province or country that need validation in Ontario
• Uncertainty about which surname qualifies as your “former” surname under the law

In these situations, a family lawyer can help interpret your documents, verify legal standing, and provide guidance on the most appropriate name change process.

When to Seek Help from a Family Lawyer

Consider consulting a family lawyer if:

• You are unsure whether your divorce is finalized or legally recognized in Ontario
• You’re pursuing a legal name change and need help preparing the required affidavits or supporting documents
• You are experiencing resistance or delays from institutions refusing to accept your name change
• You have complex circumstances, such as multiple name changes, identity protection concerns, or documentation gaps

A lawyer can also help you understand how your name change might affect other legal matters, such as child custody, property rights, or estate planning.

Resources Available Through ServiceOntario and Family Law Support Services

For those handling their name change independently, ServiceOntario offers resources to guide you through the process:

• Request to Resume Former Surname form: Available for free from ServiceOntario centres or online
• Application for Name Change: Includes a step-by-step guide, required documents, and fee information
• Contact Centre: Call 1-800-461-2156 for help with eligibility and application tracking

You can also access free or low-cost family law information and support through:

• Family Law Information Centres (FLICs) at Ontario courthouses
• Community Legal Clinics for low-income individuals
• Legal Aid Ontario, which provides referrals and assistance based on eligibility