Wisconsin 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 Wisconsin the circuit court may order the change if no sufficient cause is shown to the contrary, and once the judge signs, that new name becomes your legal name.

2. 2

   You file the petition in the circuit court of the Wisconsin county where you reside (Wisconsin Statutes Section 786.36(1)).

3. 3

   Before petitioning, Wisconsin requires you to publish a class 3 notice under chapter 985 stating the nature of the petition and when and where it will be heard, which runs once each week for three consecutive weeks (Wisconsin Statutes Section 786.37(1), Section 985.07(3)(a), and Section 985.01(1m)(a)).

4. 4

   You file a copy of the published notice with proof of publication, and the court may order the change if no sufficient cause is shown to the contrary (Wisconsin Statutes Section 786.36(1)).

5. 5

   Publication is waived and the petition kept confidential if you show by a preponderance of the evidence that publication could endanger you and that you are not seeking the change to avoid a debt or conceal a criminal record (Wisconsin Statutes Section 786.37(4)).

6. 6

   A licensed professional may not change a name to unfairly compete with another practitioner or mislead the public, and any change of name other than as authorized by law is void (Wisconsin Statutes Section 786.36(3) and Section 786.36(4)).

7. 7

   After the order is signed it is recorded with the register of deeds and, for a Wisconsin birth or marriage, an abstract goes to the state registrar of vital records; order certified copies to update Social Security, your Wisconsin driver license or ID, and other records (Wisconsin Statutes Section 786.36(2)). The filing fee is set by the court and a fee waiver is available.

Wisconsin Requirements for Name Change Petition

• Circuit Court in Your County of Residence

  An adult name change in Wisconsin is filed in the circuit court of the county where the petitioner resides. A resident of this state, upon petition to the circuit court of the county where he or she resides, may have the name changed or established by order of the court if no sufficient cause is shown to the contrary (Wisconsin Statutes Section 786.36(1)).

• Residency and Venue

  You must be a resident of Wisconsin and file in the circuit court of the county where you reside (Wisconsin Statutes Section 786.36(1)). Wisconsin sets no fixed durational residency period for a name change; the requirement is that you reside in the county where you file. The petition states your present name, your residence, and the name you are requesting.

• Newspaper Publication of a Class 3 Notice

  Before petitioning, Wisconsin requires you to publish a class 3 notice under chapter 985 stating the nature of the petition and when and where it will be heard (Wisconsin Statutes Section 786.37(1)). A class 3 notice requires three insertions (Section 985.07(3)(a)), and an insertion means once each week for consecutive weeks (Section 985.01(1m)(a)), so the notice runs once each week for three consecutive weeks, the last publication at least one week before the hearing. You file a copy of the notice with proof of publication (Section 786.36(1)).

• Present Name and Proposed New Name

  The petition states your present legal name and the exact new name you are requesting, along with your residence in the county where you file (Wisconsin Statutes Section 786.36(1)). The court changes the name from the present name to the proposed name by order if no sufficient cause is shown to the contrary.

• Reason for the Change

  State the reason for the requested name change. A Wisconsin circuit court may order the change if no sufficient cause is shown to the contrary (Wisconsin Statutes Section 786.36(1)). A change of name other than as authorized by law is void (Wisconsin Statutes Section 786.36(4)).

• Good Faith and No Fraud

  State that the change is made in good faith and that you are not seeking it to avoid a debt or conceal a criminal record (Wisconsin Statutes Section 786.37(4)). A licensed professional may not change a name to unfairly compete with another practitioner or mislead the public as to identity (Wisconsin Statutes Section 786.36(3)), and persons required to register as sex offenders face restrictions under Wisconsin Statutes Section 301.47.

• Confidential Petition for Safety

  If publication could endanger you, you may request that the petition remain confidential and that publication be waived. The court waives publication if you show by a preponderance of the evidence that publication could endanger you and that you are not seeking the change to avoid a debt or conceal a criminal record; the clerk then keeps the petition confidential (Wisconsin Statutes Section 786.37(4)).

• The Order, Recording, and Certified Copies

  After the order is signed it is entered in the court records and a certified copy is recorded with the register of deeds; if you were born or married in Wisconsin, the clerk sends an abstract to the state registrar of vital records to correct that record (Wisconsin Statutes Section 786.36(2)). Order certified copies from the clerk to update Social Security, your Wisconsin driver license or ID, your passport, and other records. The filing fee is set by the court and a fee waiver is available.