North Dakota Name Change Petition
In North Dakota an adult files a name change petition in the district court of the county where they have lived for at least six months, and gives thirty days of newspaper notice before the judge orders the change unless the court waives publication. Attorney review available.
Introduction
A name change petition is the court document an adult files to legally change their own name, and once a district judge orders the change the new name becomes the person's legal name. In North Dakota you file the petition in the district court of the county where you live, and you must be a citizen or permanent resident alien who has been a bona fide resident of that county for at least six months before filing (North Dakota Century Code Section 32-28-01 and Section 32-28-02(1)). Before the judge orders the change, thirty days' previous notice of the intended application must be given in the official newspaper of the county where you reside (North Dakota Century Code Section 32-28-02(3)). The court may waive that publication when the change relates only to a first or given name and not a surname, or on evidence satisfactory to the court that you have been a victim of domestic violence as defined in North Dakota Century Code Section 14-07.1-01. The court also determines whether you have a criminal history and may require a statewide and nationwide criminal history record check at your cost (North Dakota Century Code Section 32-28-02(2)). After the order is signed, you use certified copies to update Social Security, your North Dakota driver license, and other records. DocDraft builds your North Dakota 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 district judge orders the change, that new name becomes your legal name.
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You file the petition in the district court of the county where you live, and the district court has the authority to change the names of persons in North Dakota (North Dakota Century Code Section 32-28-01 and Section 32-28-02(1)).
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You must be a citizen or permanent resident alien of the United States and have been a bona fide resident of the county for at least six months before filing (North Dakota Century Code Section 32-28-02(1)).
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Thirty days' previous notice of the intended application must be given in the official newspaper of the county where you reside before the judge orders the change (North Dakota Century Code Section 32-28-02(3)).
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The court may waive publication when the change relates only to a first or given name and not a surname, or on evidence satisfactory to the court that you have been a victim of domestic violence as defined in North Dakota Century Code Section 14-07.1-01.
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The court determines whether you have a criminal history and may require a statewide and nationwide criminal history record check at your cost; a felony conviction is presumed to make the request bad faith unless you prove otherwise by clear and convincing evidence (North Dakota Century Code Section 32-28-02(2)).
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After the order is signed, order certified copies from the clerk to update Social Security, your North Dakota driver license or ID, your passport, and other records. The filing fee is set by the court and all proceeding costs fall on the petitioner; ask the clerk about a fee waiver if you cannot afford it (North Dakota Century Code Section 32-28-04).
Key decisions before you file
Before you file a Name Change Petition in North Dakota, 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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North Dakota Requirements for Name Change Petition
An adult name change in North Dakota is filed in the district court of the county where the petitioner resides. The district court has the authority to change the names of persons in this state (North Dakota Century Code Section 32-28-01), and the petition is filed in the district court of the county in which the person is a resident (North Dakota Century Code Section 32-28-02(1)).
You must be a citizen or permanent resident alien of the United States and have been a bona fide resident of the county for at least six months before filing the petition, which is filed in the district court of that county (North Dakota Century Code Section 32-28-02(1)). The petition must also set forth the reason for the change and the name requested.
Before the judge orders the change, thirty days' previous notice of the intended application must be given in the official newspaper of the county in which the petitioner resides (North Dakota Century Code Section 32-28-02(3)). The court may waive publication when the change relates only to a first or given name and not a surname, or on evidence satisfactory to the court that the petitioner has been a victim of domestic violence as defined in North Dakota Century Code Section 14-07.1-01.
The petition must state your present legal name and the exact new name you are requesting, along with the reason for the change (North Dakota Century Code Section 32-28-02(1)). The district court orders the change from the present name to the requested name once satisfied there is proper and reasonable cause.
The petition must set forth the reason for which the change of name is sought (North Dakota Century Code Section 32-28-02(1)). The judge orders the change upon being duly satisfied by affidavit or proof in open court of the truth of the allegations and that proper and reasonable cause exists (North Dakota Century Code Section 32-28-02(3)).
Proper and reasonable cause does not exist if the request is made to defraud or mislead, is not made in good faith, will cause injury to an individual, or will compromise public safety (North Dakota Century Code Section 32-28-02(3)). A petitioner with a felony conviction is presumed to act in bad faith, and the change may not be granted unless the petitioner proves by clear and convincing evidence that it is made in good faith and will not cause injury or compromise public safety (North Dakota Century Code Section 32-28-02(2)).
When you file, the court determines whether you have a criminal history in this or any other state and may require you to submit to a statewide and nationwide criminal history record check conducted under North Dakota Century Code Section 12-60-24, with all costs paid by you (North Dakota Century Code Section 32-28-02(2)). This does not apply to a name change through a marriage license, annulment, or divorce.
All proceeding costs fall on the petitioner, and the change of name does not affect any pending action or existing right, title, or interest (North Dakota Century Code Section 32-28-04). After the order is signed, order certified copies from the clerk to update Social Security, your North Dakota driver license or ID, your passport, and other records. A petitioner who has been a victim of domestic violence may ask the court to waive publication (North Dakota Century Code Section 32-28-02(3)). The filing fee is set by the court and a fee waiver may be available.
Frequently Asked Questions
A name change petition is the court document an adult files in North Dakota to legally change their own name. You state your present legal name and the new name you want, confirm you have lived in the county for at least six months, give the reason, and show the change is in good faith and not to defraud or mislead anyone. After thirty days' newspaper notice and the judge's review, a district court judge orders the change, which makes the new name your legal name (North Dakota Century Code Chapter 32-28).
In North Dakota you file a petition for change of name in the district court of the county where you live, stating that you are a citizen or permanent resident alien who has been a bona fide resident of the county for at least six months (North Dakota Century Code Section 32-28-02(1)). You give thirty days' previous notice in the county's official newspaper unless the court waives publication, and the judge orders the change once satisfied there is proper and reasonable cause (North Dakota Century Code Section 32-28-02(3)). You then use certified copies of the order to update your records.
Usually yes. North Dakota requires thirty days' previous notice of the intended application to be given in the official newspaper of the county in which you reside before the judge orders the change (North Dakota Century Code Section 32-28-02(3)). The court may waive publication in two situations: when the change relates only to a first or given name and not a surname, or on evidence satisfactory to the court that you have been a victim of domestic violence as defined in North Dakota Century Code Section 14-07.1-01.
An adult name change in North Dakota is heard by the district court. The district court has the authority to change the names of persons in this state, and you file your petition in the district court of the county in which you are a resident (North Dakota Century Code Section 32-28-01 and Section 32-28-02(1)). Filing in the wrong county can delay your case, so file where you live.
Yes. North Dakota requires that you have been a bona fide resident of the county for at least six months before filing the petition, and that you are a citizen or permanent resident alien of the United States (North Dakota Century Code Section 32-28-02(1)). You file in the district court of the county where you reside, so both the six-month county residency and the correct venue matter to your petition.
It can. When you file, the North Dakota court determines whether you have a criminal history in this or any other state and may require you to submit to a statewide and nationwide criminal history record check, with all costs paid by you (North Dakota Century Code Section 32-28-02(2)). If you have a felony conviction, the request is presumed to be made in bad faith, and the change may not be granted unless you prove by clear and convincing evidence that it is made in good faith and will not cause injury or compromise public safety.
Yes. A North Dakota court may waive publication of the notice on evidence satisfactory to the court that you have been a victim of domestic violence as defined in North Dakota Century Code Section 14-07.1-01. The court may also waive publication when the proposed change relates only to a first or given name as distinguished from a surname (North Dakota Century Code Section 32-28-02(3)). Otherwise, thirty days' notice in the county's official newspaper is required.
Once the North Dakota district judge orders your name change, order several certified copies from the court clerk. Use them to update your Social Security record first, then your North Dakota driver license or ID, your passport, and then banks, employers, and other accounts. All proceeding costs fall on the petitioner, and the change does not affect any pending action or existing right (North Dakota Century Code Section 32-28-04). Keep at least one certified copy for your records.