The rest of what we have written about Vermont. Every figure is quoted from Vermont’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Changing your name back in Vermont
Whether you can get your former name back in the divorce itself — and what it costs in Vermont if you miss that moment.
See a different stateVermont
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 Vermont-specific.
Restoring your name in the divorce
Vermont restores a former name through the divorce itself, under 15 V.S.A. § 558.
“Spouse allowed to take prior name. Upon granting a divorce, unless good cause is shown to the contrary, the court shall allow a spouse to resume the spouse’s prior name or the name of a former spouse.”
How much choice the judge has: mandatory on request unless good cause is shown to the contrary – the court ‘shall allow’ the resumption, and the burden of showing ‘good cause’ to refuse falls on whoever opposes it
Who may ask: the party changing the name
The statutory restoration in Vermont 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
The Vermont Judiciary’s own guidance frames § 558 as something you request in the divorce case: ‘To change your name because of a divorce, you can ask the court to restore you to a former name in the papers asking for the divorce. If granted, your new name will be included in the divorce decree.’ If the decree does not carry the change, the fallback is the ordinary adult name-change filing in the Probate Division of the Superior Court under 15 V.S.A. ch. 13 – a $150 filing fee and a hearing.
Authority: 15 V.S.A. §§ 811-817; Vermont Rule of Probate Procedure 80.6
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: 15 V.S.A. § 811 (procedure; form), § 813 (filing of instrument), § 816 (amendment of birth certificate), § 817 (consultation of Sex Offender Registry); Vermont Rule of Probate Procedure 80.6
- Court: Probate Division of the Superior Court, in the county of the petitioner’s legal physical residence
- Filing fee: $150.00
- Residency: 15 V.S.A. § 811 requires the instrument to be acknowledged before ‘the judge of the Probate Division of the Superior Court of the district in which the person resides,’ and § 813 requires it to be filed in the Probate Division where the person resides. The Vermont Judiciary describes this as ‘the county of your legal physical residence.’ No minimum duration of residence is set by statute.
- Publication: No newspaper publication is required for an adult name change. Chapter 13 of Title 15 contains no publication provision, and the Vermont Judiciary’s step-by-step adult name-change instructions have no publication step: you file the petition, pay $150, and ‘the court will schedule a hearing with the judge, and will notify you of the hearing date by mail.’ Publication appears in Vermont name-change practice only as a last-resort alternative method of SERVING a non-consenting parent in a MINOR’s name change, not as public notice in an adult case.
- Background check: No fingerprints, but Vermont runs a mandatory registry check on every adult filing. 15 V.S.A. § 817: ‘Upon receipt of a change-of-name form submitted pursuant to section 811 of this title, the Probate Court shall request the Department of Public Safety to determine whether the person’s name appears on the Sex Offender Registry established by 13 V.S.A. § 5402.’ If the person is on the registry, ‘the Probate Court shall not permit the person to change his or her name unless it finds, after permitting the Department of Public Safety to appear, that there is a compelling purpose for doing so.’ This is a court-initiated check, not something the petitioner has to obtain and file. There is no general criminal history record requirement.
- Hearing: required
Official forms
- Vermont Judiciary – Name Changes (Probate Division), including the Adult Name Change steps and the form list
- Petition of Adult to Change Name, form 700-00122 (linked from the Name Changes page)
- 15 V.S.A. ch. 13, Change of Name (official statute text)
- 15 V.S.A. § 558, Spouse allowed to take prior name
What catches people out in Vermont
Vermont has no domestic-violence exemption from publication in its adult name-change statute – but it also has no publication requirement, so there is nothing to be exempted from. What Vermont lacks, and what matters for a survivor, is any statutory sealing or confidentiality provision for the name-change case itself. A survivor with safety concerns has to raise them with the probate clerk directly; the statute gives the court no express sealing authority for name changes.
15 V.S.A. § 817 (added 2009) makes Vermont one of the states that runs a criminal-registry check automatically on every adult name-change filing. Common online advice that says ‘Vermont requires no background check’ is only half right – the petitioner does not have to produce one, but the court has to request one from the Department of Public Safety.
15 V.S.A. §§ 814 and 815 are repealed (1979 and 2003 respectively) – do not cite them.
Name changes go to the PROBATE Division, not the Family Division, even though the statute lives in Title 15 (Domestic Relations). A divorce-decree restoration under § 558 goes to the Family Division. Two different courts, same title of the statutes.
Vermont publishes a specific trick for getting a copy of your own name-change order later: on the Request for Access to Court Record form, write the case name as ‘In re [New Name] (formerly [Old Name])’ and the case type as ‘Name Change.’
Sources for this page
- Restoration in the divorce: https://legislature.vermont.gov/statutes/section/15/011/00558
- Restoring it after the decree: https://www.vtcourts.gov/probate/name-changes
- Separate name-change petition: https://legislature.vermont.gov/statutes/fullchapter/15/013
Found an error? Tell us — it goes on the corrections page with the date and how long it was live.