Delaware Name Change Petition
In Delaware an adult files a verified name change petition in the Court of Common Pleas of the county where they live, and since April 2022 no newspaper publication is required. Attorney review available.
Introduction
A name change petition is the court document an adult files to legally change their own name, and once the judge grants the order the new name becomes the person's legal name. In Delaware you present a duly verified petition to the Court of Common Pleas sitting in the county where you reside (Delaware Code Title 10 Section 5901). Delaware no longer requires newspaper publication for an adult name change: the former publication requirement in Section 5903 was repealed effective April 28, 2022, so there is no publish-before-filing step. When the petition is presented, if the requirements of the chapter are met and there is no reason to deny it, the court may grant the change (Delaware Code Title 10 Section 5904). The petitioner pays the costs of the proceeding (Section 5905); the filing fee is set by the court and a fee waiver is available if you cannot afford it. After the order is signed, you use certified copies to update Social Security, your Delaware driver license, and other records. DocDraft builds your Delaware name change petition from your facts, with attorney review available before you file.
Key Things to Know
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A name change petition is the court document an adult files to legally change their own name; when the court grants the order, that new name becomes your legal name.
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You present a duly verified petition to the Court of Common Pleas sitting in the county where you reside (Delaware Code Title 10 Section 5901).
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Delaware does not require newspaper publication for an adult name change. The former publication requirement in Section 5903 was repealed effective April 28, 2022.
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The petition must be sworn (duly verified) and set forth your present name and the new name you want to assume (Delaware Code Title 10 Section 5901).
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On presentation of the petition, if the chapter's requirements are met and there is no reason to deny it, the court may grant the change (Delaware Code Title 10 Section 5904).
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Delaware abrogates the common-law right to change a name for anyone under the supervision of the Delaware Department of Correction; such a person may change a name only through the Court of Common Pleas, which may grant it when the change is motivated by a sincerely held religious belief or gender identity, with notice to the Department of Correction (Section 5901(c)).
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By statute the petitioner pays the costs of the proceeding (Delaware Code Title 10 Section 5905); the fee is set by the court and a fee waiver is available. Once the order is signed, certified copies let you update the Delaware Division of Motor Vehicles, the Social Security Administration, and your passport.
Key decisions before you file
Before you file a Name Change Petition in Delaware, 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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Delaware Requirements for Name Change Petition
An adult name change in Delaware is filed in the Court of Common Pleas sitting in the county where the petitioner resides. Any person who desires to change their name presents a duly verified petition to that court (Delaware Code Title 10 Section 5901(a)). Family Court handles name changes only as part of a divorce, a parentage case, or for a minor.
You present the petition to the Court of Common Pleas of the county where you reside (Delaware Code Title 10 Section 5901). Delaware sets no fixed durational residency period in the statute; the requirement is that you reside in the county where you file. Confirm any local practice with the court in your county.
Delaware does not require newspaper publication for an adult name change. The former publication requirement in Delaware Code Title 10 Section 5903, which had called for publishing the petition once a week for three weeks before filing, was repealed effective April 28, 2022. Because that public-notice step no longer exists, there is no publication cost or publication-based waiting period.
The petition must be duly verified (sworn) and set forth your present name and the name you desire to assume (Delaware Code Title 10 Section 5901(a)). The court changes the name from the present name to the proposed name in its order.
State the reason for the requested change in the petition. On presentation of the petition, if the requirements of Chapter 59 are fully complied with and there is no reason for not granting it, the court may grant the change (Delaware Code Title 10 Section 5904).
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 person under the supervision of the Delaware Department of Correction may change a name only through the Court of Common Pleas and only in limited circumstances, with notice to the Department of Correction (Delaware Code Title 10 Section 5901(c)).
On presentation of the verified petition, if the chapter's requirements are met and there is no reason to deny it, the court may grant the change (Delaware Code Title 10 Section 5904). A separate hearing is not mandated by statute for an adult; practice can vary by county, so confirm whether your court decides on the papers or sets a brief hearing.
The petitioner pays the costs of the proceeding (Delaware Code Title 10 Section 5905); the filing fee is set by the court and a fee waiver is available. After the order is signed, order certified copies to update Social Security, your Delaware driver license or ID, your passport, and other records.
Frequently Asked Questions
A name change petition is the court document an adult files in Delaware to legally change their own name. You state your present legal name and the new name you want to assume, confirm you reside in the county where you are filing, give the reason, and swear the change is not to defraud anyone or evade the law. On presentation of the verified petition, if the requirements are met and there is no reason to deny it, the Court of Common Pleas may grant an order making the new name your legal name (Delaware Code Title 10 Section 5901 and Section 5904).
In Delaware you present a duly verified Petition for Change of Name to the Court of Common Pleas of the county where you reside, and pay the costs of the proceeding or ask about a fee waiver (Delaware Code Title 10 Section 5901 and Section 5905). Delaware no longer requires newspaper publication, so there is no publish-before-filing step. If the requirements are met and there is no reason to deny it, the court may grant the change (Section 5904). You then use certified copies of the order to update your records.
No. Delaware does not require newspaper publication for an adult name change. The former requirement in Delaware Code Title 10 Section 5903, which had called for publishing the petition once a week for three weeks before filing, was repealed effective April 28, 2022. Because that public-notice step no longer exists, an adult Delaware name change no longer carries a newspaper publication cost or waiting period tied to publication.
An adult name change in Delaware is heard by the Court of Common Pleas. By statute, a person who desires to change their name presents a duly verified petition to the Court of Common Pleas sitting in the county where the person resides (Delaware Code Title 10 Section 5901). Family Court handles name changes only as part of a divorce, a parentage case, or for a minor, so an adult files in the Court of Common Pleas.
Delaware requires you to present the petition to the Court of Common Pleas sitting in the county where you reside (Delaware Code Title 10 Section 5901). The statute does not set a fixed number of months you must have lived in Delaware or the county before filing; the key requirement is that you reside in the county where you file. Confirm any local practice with the Court of Common Pleas in your county.
Often no separate hearing is required for an adult. On presentation of the verified petition, if the requirements of the chapter are fully complied with and there is no reason for not granting it, the court may grant the change (Delaware Code Title 10 Section 5904). Practice can vary by county, so confirm with the Court of Common Pleas whether it will decide your petition on the papers or set a brief hearing.
Yes. The Court of Common Pleas grants the change only when Chapter 59's requirements are met and there is no reason to deny it (Delaware Code Title 10 Section 5904). A change sought to defraud creditors, evade a legal obligation or criminal record, or for a fraudulent or unlawful purpose can be refused. Delaware also abrogates the common-law right to change a name for a person under the supervision of the Department of Correction, who may do so only in limited circumstances and only with notice to the Department (Section 5901(c)).
Once the Court of Common Pleas grants your Delaware name change, request several certified copies of the order. Start with the Social Security Administration, then visit the Delaware Division of Motor Vehicles for a new license or ID, update your U.S. passport, and finish with employers, banks, and insurers. The certified order is the proof of your new legal name that each of these offices relies on, so hold on to at least one copy after the updates are done.