Changing your name back in Hawaii
Whether you can get your former name back in the divorce itself — and what it costs in Hawaii if you miss that moment.
See a different stateHawaii
Social Security, the passport, and the order to do them in are identical in all fifty states and are on the main name-change page. This page is the part that is Hawaii-specific.
Restoring your name in the divorce
Hawaii restores a former name through the divorce itself, under Haw. Rev. Stat. § 574-5(a).
HRS 574-5(a) makes it ‘unlawful to change any name adopted or conferred under this chapter, except’ in listed circumstances, one of which is a decree of the family court in an adoption, divorce, or minor name-change proceeding. In the divorce context the operative language is that either party may ‘resume the middle name or names and the last name used by the party prior to the marriage or civil union.’ The Lieutenant Governor’s official name-change instructions confirm the practical effect: ‘If your divorce decree specifies resumption of a maiden or previous name, a name change is not necessary.’
How much choice the judge has: not verified – the text of HRS 574-5(a) that was retrievable does not state a standard the family court must apply; it simply lists a divorce decree as a lawful route to a name change
Who may ask: either party
The statutory restoration in Hawaii has to be requested while the case is open. It is still much the cheapest moment to do it. But there is a way back afterwards, set out in the next section.
If the decree is already final
If the divorce decree did not order restoration, Hawaii does not send you back to the family court – it sends you to an executive-branch petition. You file a notarized Petition for Change of Name with the Office of the Lieutenant Governor (online or by mail), and the official instructions direct divorced applicants to include their divorce decree with the application. Once the Lieutenant Governor signs the Notice of Change of Name, you must get it published and file the affidavit of publication within 60 days or the petition is automatically void.
Authority: Haw. Rev. Stat. § 574-5(a)(1) and (b)-(d) (petition to the Lieutenant Governor)
The separate name-change petition
This is the route if the divorce route is closed to you, or if you want a name that is not a former one.
- Statute: Haw. Rev. Stat. § 574-5
- Court: None – Hawaii’s adult name change is an administrative proceeding before the Office of the Lieutenant Governor, not a court case (Haw. Rev. Stat. § 574-5(b))
- Filing fee: $56.00
- Publication: Yes. HRS 574-5(c)-(d): the $50 filing fee accompanies the petition, and the notice of change of name ‘shall be published once in a newspaper of general circulation,’ with an affidavit of publication filed within sixty days. The Lieutenant Governor’s instructions say publication is through the Honolulu Star-Advertiser and that failure to publish within 60 days of the date the Notice was signed ‘will automatically void your Petition for Change of Name.’ There is also a $41.00 Bureau of Conveyances recording fee and separate publication costs on top of the $56.00 filing package. SAFETY EXEMPTION: HRS 574-5(e) is the only exemption, and it is not self-executing for domestic violence survivors – it requires ‘an affidavit executed by a prosecuting attorney of this State’ showing that for the protection of the petitioner, publication in a newspaper and recordation in the bureau of conveyances ‘shall not be necessary,’ in which case ‘the petition, affidavit, and order shall be kept confidential.’ A survivor cannot invoke this on their own; a prosecutor must sign the affidavit.
- Background check: No fingerprinting or criminal history check appears in HRS 574-5 or in the Lieutenant Governor’s official instructions. There is a separate bar: ‘no person who is a covered offender subject to the registration requirements of section 846E-2 may obtain a name change’ by petition to the Lieutenant Governor unless a court finds it is in the best interest of justice and will not adversely affect public safety.
- Hearing: not required
Official forms
- State of Hawaii Online Name Change System (Office of the Lieutenant Governor)
- Petition for Change of Name – official instructions (Lieutenant Governor)
- Family Court forms – First Circuit (Oahu)
What catches people out in Hawaii
Hawaii is the outlier in this batch: an adult name change is not a court case at all. It is an administrative petition to the Office of the Lieutenant Governor.
Hawaii’s only publication exemption runs through a prosecuting attorney’s affidavit (HRS 574-5(e)), which is a witness-protection style mechanism, not a domestic-violence survivor exemption. Many online guides describe this as a general ‘safety waiver’; it is not.
Chapter 580 (Annulment, Divorce, and Separation) contains no name-change section. The authority sits entirely in Chapter 574.
http://www.capitol.hawaii.gov returned 403 to automated retrieval; the statutory text was read from the Legislature’s own data.capitol.hawaii.gov chapter PDF (2017 compilation). The provisions quoted are corroborated by the Lieutenant Governor’s current official instructions, but a reader should confirm against the current HRS before relying on subsection lettering.
Sources for this page
- Restoration in the divorce: https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF’s/HRS_0574.pdf
- Restoring it after the decree: https://namechange.ehawaii.gov/public/pdf/instructions.pdf
- Filing fee: https://namechange.ehawaii.gov/public/about.html
Sources we could not reach when this page was built, listed so you know what was not checked rather than assuming it was: https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0574/HRS_0574-0005.htm (403); https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0574/HRS_0574-0006.HTM (403)
Found an error? Tell us — it goes on the corrections page with the date and how long it was live.