If you were legally married and later divorced, answer “yes” when a passport application asks whether you have ever been married. The question concerns marriage history, not only whether you currently have a spouse. The current DS-11 asks for the current or most recent spouse’s information and follows with questions about widowhood or divorce. Read the full section rather than treating a divorce decree as permission to select “no.” [1]
Rules that determine the answer
Marriage history and the name printed in a passport are separate issues. State Department name-change instructions use different procedures depending on when the passport was issued, when the legal name changed, and whether renewal eligibility is met. A certified marriage certificate, divorce decree, or court order may establish a legal name change. Being divorced does not itself mean every applicant must return to a birth name or use a particular surname. [2]
State Department guidance says a qualifying name change within one year of both issuance and legal change can use Form DS-5504 without an ordinary application fee, though optional expedited service has a charge. Other circumstances use different application requirements. [2] A divorce document is therefore sometimes evidence for a name change or another eligibility issue, not a universal extra attachment solely because someone answered “yes” to having been married. All information must still be complete and accurate. [1]
What to do next
- Use the current form and complete the marriage section with the requested spouse identity, dates, and other information. Consult your records rather than guessing uncertain dates.
- List other names as the form requires, including prior legal married names, and reconcile discrepancies with citizenship and identification documents.
- If requesting a different passport name, choose the appropriate DS-5504, DS-82, or DS-11 process and obtain the supporting name-change evidence required for that route.
- For annulments, disputed marital validity, or difficult foreign records, explain the circumstances and obtain State Department guidance rather than assuming the legal history can be omitted.
Practical example
An applicant divorced years ago but kept the same married surname. The applicant can truthfully report the prior marriage while applying in that current legal name. Another applicant resumed a former surname by divorce decree and wants the passport changed; that person must address the name-change procedure in addition to answering the history question.
For related situations, see first-time passport application steps and USPS passport photo appointments.
Primary sources
- State Department Form DS-11, April 2025: marriage history and other-name questions
- State Department: passport name changes and supporting documents
Sources checked: October 31, 2026.