South Dakota Name Change Petition
In South Dakota an adult files a name change petition in the circuit court of the county where they have lived for six months, then publishes notice of the hearing for four weeks. 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 orders the change the new name becomes the person's legal name. In South Dakota you file the petition with the clerk of courts, entitled in the circuit court, of the county where you live (South Dakota Codified Laws Section 21-37-1 and Section 21-37-3). To use this process you must have been a bona fide resident of that county for at least six months before you file (South Dakota Codified Laws Section 21-37-2). South Dakota requires public notice: you publish notice of the hearing, with your old and proposed names, once each week for four successive weeks in a legal newspaper of your county (South Dakota Codified Laws Section 21-37-4). At the hearing you prove that notice was given, that the petition is true, and that there is proper and reasonable cause for the change (South Dakota Codified Laws Section 21-37-5). A survivor of domestic abuse or human trafficking who shows a particularized need may obtain the change without publication or an open court hearing, and the court may seal the records (South Dakota Codified Laws Section 21-37-5.2). After the order is entered, you use certified copies to update Social Security, your South Dakota driver license, and other records. DocDraft builds your South Dakota name change petition from your facts, with attorney review available before you file.
Key Things to Know
- 1
A name change petition is the court document an adult files to legally change their own name; in South Dakota, after you publish notice for four successive weeks and prove your case in open court, the judge's order makes that new name your legal name.
- 2
You file the petition with the clerk of courts, entitled in the circuit court, of the county where you reside (South Dakota Codified Laws Section 21-37-1 and Section 21-37-3).
- 3
To use this process you must have been a bona fide resident of that county for at least six months immediately before filing the petition (South Dakota Codified Laws Section 21-37-2 and Section 21-37-3).
- 4
South Dakota requires you to publish notice of the hearing, stating the time, place, object, and your old and proposed names, once each week for four successive weeks in a legal newspaper of your county (South Dakota Codified Laws Section 21-37-4).
- 5
At the hearing you must prove in open court that notice was given, that the allegations of the petition are true, and that proper and reasonable cause exists for the change (South Dakota Codified Laws Section 21-37-5).
- 6
A survivor of domestic abuse or human trafficking who shows a particularized need to be protected from the perpetrator may obtain the change without publication or an open court hearing, and the court may seal the records (South Dakota Codified Laws Section 21-37-5.2).
- 7
After the order is entered, order certified copies from the clerk of courts to update Social Security, your South Dakota driver license or ID, your passport, and other records. The filing fee is set by the court and a fee waiver may be available.
Key decisions before you file
Before you file a Name Change Petition in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.
Open the Name Change Petition guideCustomize your Name Change Petition Template with DocDraft
South Dakota Requirements for Name Change Petition
An adult name change in South Dakota is heard by the circuit court. The circuit court has authority to change the names of persons as provided in the chapter (South Dakota Codified Laws Section 21-37-1), and you file the petition with the clerk of courts, entitled in the circuit court, of the county where you reside (South Dakota Codified Laws Section 21-37-3).
To use this process you must have been a bona fide resident citizen of the county for at least six months immediately before filing, and the petition must state that you meet this requirement (South Dakota Codified Laws Section 21-37-2 and Section 21-37-3). File in the county that has been your home for the past six months.
You must give notice of the hearing, stating the time, place, and object with your old and proposed names, by publishing it once each week for four successive weeks in a legal newspaper of the county where you reside (South Dakota Codified Laws Section 21-37-4). The safety path in Section 21-37-5.2 is the exception.
The petition must state your present legal name, the name you are asking for, and the cause for which the change is sought (South Dakota Codified Laws Section 21-37-3). The court orders the change from your present name to the proposed name if it is satisfied at the hearing.
At the hearing you must prove in open court that notice was given as required, that the allegations of the petition are true, and that there exists proper and reasonable cause for changing your name; the court then orders the change and directs the clerk to enter it (South Dakota Codified Laws Section 21-37-5).
State that the change is sought in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose. The safety path in South Dakota Codified Laws Section 21-37-5.2 expressly requires that the change not be for a fraudulent purpose.
A victim of domestic abuse or human trafficking who shows a particularized need to be protected from the perpetrator, where the change is in the person's best interest and is not for a fraudulent purpose, may obtain the change without publication of notice or a hearing in open court, and the court may seal the records (South Dakota Codified Laws Section 21-37-5.2).
After the order is entered, order certified copies from the clerk of courts and use them to update Social Security, your South Dakota driver license or ID, your passport, and other records. The filing fee is set by the court and a fee waiver may be available if you cannot afford it.
Frequently Asked Questions
A name change petition is the court document an adult files in South Dakota to legally change their own name. You state that you have been a bona fide resident of the county for at least six months, the cause for the change, and the name you are asking for, and you file it with the clerk of courts in the circuit court (South Dakota Codified Laws Section 21-37-3). After you publish notice and prove your case at the hearing, the judge orders the change and it becomes your legal name.
In South Dakota you file a petition for change of name in the circuit court of the county where you have lived for at least six months, publish notice of the hearing once each week for four successive weeks in a legal newspaper, and appear at the hearing (South Dakota Codified Laws Section 21-37-3, Section 21-37-4, and Section 21-37-5). If you prove notice was given, the petition is true, and there is proper and reasonable cause, the court orders the change. You then use certified copies to update your records.
Usually yes. South Dakota requires you to publish notice of the hearing, stating the time, place, and object with your old and proposed names, once each week for four successive weeks in any legal newspaper of the county where you reside (South Dakota Codified Laws Section 21-37-4). The one exception is for a survivor of domestic abuse or human trafficking who shows a particularized need, who may obtain the change without publication or an open court hearing (South Dakota Codified Laws Section 21-37-5.2).
An adult name change in South Dakota is heard by the circuit court. The circuit court has authority to change the names of persons as provided in the chapter, and you file the petition with the clerk of courts, entitled in the circuit court, of the county where you reside (South Dakota Codified Laws Section 21-37-1 and Section 21-37-3). File in the county that has been your home for the past six months.
Yes. To use the South Dakota name change process you must have been a bona fide resident citizen of the county for at least six months immediately before you file the petition (South Dakota Codified Laws Section 21-37-2 and Section 21-37-3). The petition itself must state that you meet this six month county residency requirement. If you have not lived in your county that long, you may need to wait before filing there.
At the time and place set in your published notice, you appear before the judge and prove in open court that notice of the hearing was given as required, that the allegations of your petition are true, and that there exists proper and reasonable cause for changing your name (South Dakota Codified Laws Section 21-37-5). If the judge is satisfied, the court orders the change of name and directs the clerk to enter the order. The hearing for an uncontested change is usually brief.
Yes. A South Dakota court may order a name change without publication of notice or a hearing in open court for a victim of domestic abuse or human trafficking who shows a particularized need for the change to be protected from the perpetrator, where the change is in the person's best interest and is not for a fraudulent purpose, and the court may seal the records of the case (South Dakota Codified Laws Section 21-37-5.2). Confirm the full conditions with the clerk of courts.
Once the South Dakota court enters the order changing your name, order several certified copies from the clerk of courts. Use them to update your Social Security record first, then your South Dakota driver license or ID, your passport, and then banks, employers, and other accounts. Each agency has its own process, but the certified order is the document that proves your new legal name. Keep at least one certified copy for your records.