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Name Change Petition

A name change petition is the court document an adult files to legally change their own name, filed with the state court that hears name changes.

Introduction

A name change petition is the court document an adult files to legally change their own name. A person may want a new legal name after a divorce, a marriage, a gender transition, for religious or personal reasons, or simply to use a name they already go by, and the law lets an adult ask a court to make the change official for almost any lawful reason. The petitioner files the petition with the state court that handles name changes, states their current name and the new name they want, confirms they meet the state's residency requirement, and swears the change is not being made to defraud creditors or escape a legal obligation. Many states then require the petitioner to publish notice of the requested change in a local newspaper before the hearing, so that anyone with an objection can be heard, although a number of states have dropped or narrowed that step and most allow a waiver when publication would put the petitioner's safety at risk. After any required publication and, in most states, a short hearing, a judge signs an order granting the new name, which the petitioner then uses to update Social Security, a driver's license, a passport, and other records. Because the court that hears the petition, the residency requirement, whether publication is required, and the filing fee are all set by each state's own law, the steps differ from state to state. Select your state to see its court, its publication rule, and a petition built on its requirements. DocDraft builds your name change petition from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A name change petition is the court document an adult files to ask a judge to legally change their own name. Once the judge signs the order, the new name becomes the person's legal name.

  2. 2

    The petition is filed with a specific state court, and which court hears name changes differs by state. It may be a superior, circuit, district, probate, or common pleas court.

  3. 3

    Most states require the petitioner to have lived in the state, and often the county, for a set period before filing. The petition states that this residency requirement is met.

  4. 4

    Many states require notice of the requested change to be published in a local newspaper before the hearing. Other states do not, and most allow a waiver when publication would endanger the petitioner.

  5. 5

    A court can refuse a name change sought to defraud creditors, evade a legal obligation, or for a fraudulent or unlawful purpose. The petition usually states that the change is sought in good faith.

  6. 6

    In most states a short hearing is held, and the judge signs an order granting the new name. Some states can grant the change on the papers without a hearing.

  7. 7

    After the order is signed, the petitioner uses certified copies to update Social Security, the state driver's license or ID, a passport, bank accounts, and other records.

Key Decisions

Petitioner and Residency

The Name Change

Notice and Filing

Customize your Name Change Petition Template with DocDraft

IN THE [COURT NAME] OF [COUNTY] COUNTY, [STATE]

In re the Name Change of [CURRENT LEGAL NAME], Petitioner.

Case No. ____________

PETITION FOR CHANGE OF NAME

Petitioner respectfully states:

  1. Petitioner. Petitioner's current legal name is [CURRENT LEGAL NAME]. Petitioner resides at [STREET ADDRESS], [CITY], [COUNTY] County, [STATE], and is over the age of eighteen.

  2. Residency. Petitioner has resided in [STATE], and in [COUNTY] County, for [PERIOD, for example six months], satisfying the residency requirement to file in this court.

  3. Requested name. Petitioner asks the Court to change petitioner's name from [CURRENT LEGAL NAME] to [REQUESTED NEW NAME].

  4. Reason. The reason for the requested change is [REASON, for example to adopt a name petitioner has long used / following a divorce / to align petitioner's legal name with petitioner's identity].

  5. Good faith. This petition is made in good faith and not to defraud any creditor, to evade any legal obligation, criminal record, or judgment, or for any fraudulent or unlawful purpose. Petitioner is not currently required to register as a sex offender [or state any such status as your state requires].

  6. Publication. [Where the state requires it: Petitioner will publish notice of this petition in [NEWSPAPER] as required by [STATE] law before the hearing / Petitioner requests that publication be waived for the following good cause: ____________.]

  7. No pending matters affected. The requested change will not affect the rights of any creditor or other person, and no legal proceeding is pending that the change would impair.

WHEREFORE, petitioner asks the Court to enter an order changing petitioner's name from [CURRENT LEGAL NAME] to [REQUESTED NEW NAME], and for any further relief the Court finds just.

[CURRENT LEGAL NAME], Petitioner

VERIFICATION

I declare under penalty of perjury under the laws of [STATE] that the statements in this petition are true and correct.

Dated: [DATE]

[CURRENT LEGAL NAME], Petitioner

Note: This is a general adult name change petition. Your state sets which court hears the petition, the residency requirement, whether newspaper publication is required, and the filing fee. For your state's specific court and publication rule, and a petition built on those requirements, see your state's page linked from the Name Change Petition hub.

Frequently Asked Questions

It is the court document an adult files to legally change their own name. The petitioner states their current legal name and the new name they want, confirms they meet the state's residency requirement, and swears the change is not meant to defraud anyone or evade the law. After any required newspaper publication and, in most states, a hearing, a judge signs an order that makes the new name the person's legal name.

You file a name change petition with the state court that hears name changes, pay the filing fee or request a waiver, and complete any newspaper publication your state requires. In most states a judge then holds a short hearing and signs an order granting the new name. You use certified copies of that order to update Social Security, your driver's license, your passport, and other records. The exact court, publication rule, and fee depend on your state.

It depends on the state. Many states require the petitioner to publish notice of the requested name change in a local newspaper for a set period before the hearing, so anyone with an objection can be heard. A number of states have dropped or narrowed that requirement, and most states allow the publication step to be waived when it would put the petitioner's safety at risk, such as in domestic violence cases. Your state's page explains its rule.

It varies by state. Depending on where you live, an adult name change is heard by a superior court, a circuit court, a district court, a probate court, or a court of common pleas, usually in the county where the petitioner lives. Filing in the wrong court can delay the case. Your state's page names the specific court and where to file.

Most states require the petitioner to be a resident of the state, and often the county, before filing, and some set a minimum period such as a number of months. A few states have no fixed residency period beyond living there. The petition states that the residency requirement is met. Check your state's page for the exact requirement.

Yes. A court can refuse a name change that is sought to defraud creditors, to evade a legal obligation or criminal record, or for a fraudulent, obscene, or otherwise unlawful purpose. Most petitions include a statement that the change is sought in good faith and not to harm anyone. As long as the request is lawful and the paperwork is complete, courts routinely grant adult name changes.

In most states a judge holds a short hearing before signing the name change order, though the hearing is often brief and uncontested. Some states allow the court to grant an adult name change on the papers without a hearing when no one objects. Whether a hearing is required, and what happens at it, depends on your state and county. Your state's page explains what to expect.

Once the judge signs the order, order several certified copies from the court clerk. Use them to update your Social Security record first, then your state driver's license or ID, your passport, and then banks, employers, and other accounts. Each agency has its own process, but the certified court order is the document that proves your new legal name. Keep at least one certified copy for your records.