South Dakota Name Change Petition

Introduction

Key Things to Know

1. 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. 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. 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. 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. 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. 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. 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.

South Dakota Requirements for Name Change Petition

• Circuit Court in Your County

  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).

• Six Month County Residency

  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.

• Publish Notice of the Hearing for Four Weeks

  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.

• Present Name, Proposed Name, and Cause

  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.

• Proper and Reasonable Cause

  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).

• Good Faith and No Fraud

  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.

• Safety Path Without Publication

  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).

• Certified Copies After the Order

  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.