California Name Change Petition
In California an adult files a name change petition in the Superior Court of the county where they live, and for a general change publishes the order to show cause once a week for four weeks. Attorney review available.
Introduction
A name change petition is the court document an adult files to legally take a new name, and California grants it by decree after you publish the order to show cause in a local newspaper once a week for four successive weeks. In California you file the petition in the Superior Court of the county where you live (Code of Civil Procedure Section 1275 and Section 1276). For a general adult name change, California still requires you to publish the order to show cause in a newspaper of general circulation in your county, once a week for four successive weeks before the hearing (Code of Civil Procedure Section 1277 and Government Code Section 6064). If no one files a written objection showing good cause, the court may grant the change without a hearing (Code of Civil Procedure Section 1277 and Section 1278). California waives publication for safety cases, such as a petitioner in the Secretary of State address confidentiality program alleging domestic violence, stalking, sexual assault, or human trafficking (Section 1277(b)), and a change to conform an adult's name to their gender identity is exempt from any publication requirement and is granted without a hearing within six weeks (Section 1277.5). After the order is signed, you use certified copies to update Social Security, your California driver license, and other records. DocDraft builds your California name change petition from your facts, with attorney review available before you file.
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Key Things to Know
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A name change petition lets an adult take a new legal name by court decree; in California you publish the order to show cause in a newspaper once a week for four successive weeks, and a Superior Court judge then signs the decree.
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You file the petition in the Superior Court of California in the county where you live (Code of Civil Procedure Section 1275 and Section 1276(a)).
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For a general adult name change, California requires you to publish the order to show cause in a newspaper of general circulation in your county, once a week for four successive weeks before the hearing (Code of Civil Procedure Section 1277 and Government Code Section 6064).
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Publication is waived, and your current name kept confidential, for a petitioner in the Secretary of State address confidentiality program whose petition alleges domestic violence, stalking, sexual assault, or human trafficking (Code of Civil Procedure Section 1277(b)).
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A change to conform an adult's name to their gender identity is exempt from any publication requirement and is granted without a hearing within six weeks of filing (Code of Civil Procedure Section 1277.5).
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The order to show cause sets a hearing 6 to 12 weeks out, but if no one files a written objection showing good cause, the court may grant the change without a hearing (Code of Civil Procedure Section 1277 and Section 1278).
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After the order is signed, order certified copies from the clerk to update Social Security, your California driver license or ID, your passport, and other records. The filing fee is set by the court and a fee waiver is available if you cannot afford it.
Key decisions before you file
Before you file a Name Change Petition in California, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.
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California Requirements for Name Change Petition
Superior Court in Your County of Residence
An adult name change in California is filed in the Superior Court of California in the county where the petitioner resides. Applications for change of names must be determined by the Superior Courts (Code of Civil Procedure Section 1275), and are made to the superior court of the county where the person resides (Code of Civil Procedure Section 1276(a)).
Residency and Venue
You file in the superior court of the county where you live, and the petition must specify your place of birth and residence, your present name, the name proposed, and the reason for the change (Code of Civil Procedure Section 1276). California sets no fixed durational residency period for a name change; the requirement is that you reside in the county where you file.
Newspaper Publication of the Order to Show Cause
For a general adult name change, California requires the order to show cause to be published in a newspaper of general circulation in the county, once a week for four successive weeks before the hearing (Code of Civil Procedure Section 1277 and Government Code Section 6064). Publication is waived for qualifying safety cases (Section 1277(b)) and for a change conforming to gender identity (Section 1277.5).
Present Name and Proposed New Name
The petition must state your present legal name and the exact new name you are requesting, along with your place of birth and residence (Code of Civil Procedure Section 1276). The court changes the name from the present name to the proposed name in its decree.
Reason for the Change
The petition must state the reason for the requested name change (Code of Civil Procedure Section 1276). At any hearing the court may examine the petitioner under oath and make an order changing the name, or dismissing the petition, as it deems right and proper (Code of Civil Procedure Section 1278).
Good Faith and No Fraud
State that the change is made in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose. A California court sets a hearing only if an objection shows good cause against the change, and may dismiss the petition as it deems proper (Code of Civil Procedure Section 1278).
Hearing or Order on the Papers
The court issues an Order to Show Cause setting a date not less than 6 nor more than 12 weeks away; if no written objection showing good cause is timely filed, the court may grant the change without a hearing (Code of Civil Procedure Section 1277(a) and Section 1278(a)). A gender-identity change is granted without a hearing within six weeks (Code of Civil Procedure Section 1277.5).
Certified Copies and the Confidential Option
After the decree is signed, order certified copies from the clerk and use them to update Social Security, your California driver license or ID, your passport, and other records. For safety, a qualifying petitioner may keep their current name confidential (Code of Civil Procedure Section 1277(b)), and a gender-identity change is exempt from publication (Code of Civil Procedure Section 1277.5). The filing fee is set by the court and a fee waiver is available.