Changing your name back in Tennessee
Whether you can get your former name back in the divorce itself — and what it costs in Tennessee if you miss that moment.
See a different stateTennessee
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 Tennessee-specific.
Restoring your name in the divorce
Tennessee restores a former name through the divorce itself, under .
Tennessee has no dedicated statute authorizing a divorce court to restore a former name. Nothing in Tenn. Code Ann. title 36, ch. 4 (Divorce and Annulment, sections 36-4-101 through 36-4-135) addresses names except 36-4-106(b)(1), which merely requires the complaint to ‘allege the full name of the husband, the full maiden name of the wife.’ The practice rests on (a) the general name-change jurisdiction in Tenn. Code Ann. 29-8-101(a) – ‘The circuit, probate and county courts have concurrent jurisdiction to change names’ – and (b) Tenn. Code Ann. 29-8-101(b)(4), which carves name changes ‘resulting from marriage, divorce, or adoption’ out of the chapter’s felony restrictions, so the legislature plainly assumes divorce decrees change names. The Tennessee Supreme Court’s own approved Final Decree of Divorce (Form 6) contains a checkbox reading ‘This Order changes the Plaintiff’s name to: ___’ and the same for the Defendant, with no statute cited.
Who may ask: the party changing the name
The statutory restoration in Tennessee 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
Because there is no divorce-specific name statute, a person who did not get the name change written into the decree files an ordinary change-of-name petition under ch. 29-8 in the county where they now reside. It is a short chapter: a verified written petition stating county residency and ‘the applicant’s reasons for desiring the change’ (29-8-102); the court ‘may order the name to be changed … by entry of record reciting the petition and its reasons therefor’ (29-8-104); and ‘any person whose name is thus changed may thereafter be known and designated, sue and be sued, by the new name’ (29-8-105).
Authority: Tenn. Code Ann. 29-8-101 through 29-8-105
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: Tenn. Code Ann. 29-8-101, 29-8-102, 29-8-103, 29-8-104, 29-8-105
- Court: Circuit, probate, or county court – Tenn. Code Ann. 29-8-101(a) gives them ‘concurrent jurisdiction to change names.’ In practice several counties route adult name changes through the Chancery Court instead (Knox County and Davidson County both do), so check with the specific county’s clerk before filing.
- Filing fee: varies by county – see notes
- Residency: Tenn. Code Ann. 29-8-101(a): the applicant must be ‘a resident of the county in which the application is made.’ 29-8-102 requires the verified petition to state ‘that the applicant is a resident of the county.’ The statute sets no minimum duration of residence.
- Publication: Chapter 29-8 contains only five sections and none of them requires newspaper publication or any published notice. There is no publication step in the Tennessee adult name-change statute.
- Background check: No fingerprints and no formal criminal-history record are required. But Tenn. Code Ann. 29-8-101(b) imposes criminal-record eligibility bars that function like a screen: a person convicted of first or second degree murder, or of a sexual offense requiring registration, may not legally change their name at all; the court must deny a petition it believes involves fraud, bad faith, injury to others, or a public safety risk; and a petition by a person with any other felony conviction is PRESUMED to be made in bad faith and can be granted only on clear and convincing evidence to the contrary. Critically, 29-8-101(b)(4) provides that these restrictions ‘don’t apply to name changes resulting from marriage, divorce, or adoption’ – which is a real reason to get the restoration into the divorce decree if you have a felony record.
Official forms
- Tennessee Supreme Court approved Final Decree of Divorce (Form 6) – contains the name-change paragraph
- Knox County Chancery Court – Filing a Name Change in Knox County, TN (information sheet)
- Knox County Chancery Court forms index
- Davidson County (Nashville) Chancery Clerk and Master – fee schedule
What catches people out in Tennessee
Tennessee has no safety exemption from publication for domestic violence survivors – because Tennessee has no publication requirement at all in its adult name-change statute. The answer to ‘is there a DV publication exemption’ is technically no, but the practical concern the exemption addresses does not arise. Chapter 29-8 also contains no record-sealing provision for survivors, which means the petition and order are ordinary public court records; that is the residual exposure to flag for a survivor.
Tenn. Code Ann. 29-8-101(b)(1) is an outright lifetime bar, not a discretionary factor: persons convicted of first or second degree murder or of a registrable sexual offense ‘cannot legally change their names.’
The change-of-name chapter is doubled up with birth certificate correction – the same petition procedure is used ‘to change names and to correct errors in birth certificates.’
The statute names ‘circuit, probate and county courts’ but two of the state’s largest counties (Knox, Davidson) handle adult name changes in Chancery Court. Common online advice that says ‘file in circuit court’ will send some filers to the wrong clerk.
Sources for this page
- Restoration in the divorce: https://law.justia.com/codes/tennessee/title-29/chapter-8/section-29-8-101/
- Restoring it after the decree: https://law.justia.com/codes/tennessee/title-29/chapter-8/section-29-8-104/
- Filing fee: https://knoxcounty.org/chancery/pdfs/forms/NCInformation.pdf?version=20250225
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.tncourts.gov/help-center/court-approved-divorce-forms – returns a ‘Please wait while we validate your browser’ interstitial instead of content; https://www.tncourts.gov/sites/default/files/docs/final_div_forms_with_kids_effective_2017.01.01.pdf – same browser-validation interstitial; the identical Supreme Court Form 6 decree was read instead from the Davidson County Circuit Court Clerk’s posting of it; The official Tennessee Code is published under contract on LexisNexis and is not freely fetchable; statutory text above was read on law.justia.com, which reproduces the official code verbatim but is not itself the legislature’s site
Found an error? Tell us — it goes on the corrections page with the date and how long it was live.