This guide gives information, not legal advice.
What is a Name Change Petition?
A “petition” is the name for the forms you file to ask a court for something. In this case, you are asking the court to change your legal name.
Where to File
File your petition at the court in the county where you live. The name of this court depends on where you live.
Common examples include District Court, Probate Court, Circuit Court, and Superior Court.
Each court has their own forms, requirements, and fees.
Find where to file a name change petition in your state.
File with the Clerk’s Office
A court clerk is a person who works at the courthouse and helps handle paperwork. The clerk works at the “clerk’s office.” This is the place where you turn in (“file”) your forms.
The clerk can:
- Take your forms and stamp them to show the date you filed.
- Tell you the filing fee and how you can pay.
- Give you copies of your papers, including certified copies of your court order.
- Answer your questions about where and how to file.
A court clerk does not give legal advice. That means they cannot tell you what to write on your forms or what choice is best for you. For that kind of help, you can ask a free legal aid group or a lawyer.
You might be able to file your forms in person, by mail, or online. This depends on your local court. Check your court’s website or call to learn your options.
A county can have more than one courthouse. If you go in person, make sure you go to the right courthouse and the right clerk’s office. Check the hours that it is open before you go!
Preparing to File
Check your state’s specific requirements.
Forms
You will usually need to:
- Fill in your current legal name and any other names you have used
- Fill in your new name
- Provide your birth date and birth place
- Sign and date the forms.
If a form asks for a “state bar number” and you do not have a lawyer, you can write that you are representing yourself instead. (Some states call this “in pro per” or “pro se.” This just means you are filing without a lawyer.)
Supporting Documents
You may need to bring or attach a copy of:
- Photo ID
- Proof that you either live in the same county as the court (like a utility bill or a lease) or have lived there for a certain amount of time.
Fees
Most courts charge a fee to file your name change petition. Fees are different in each state and may vary by county. You may also be charged fees to get official copies of your court order.
Fee Waivers (Asking to Skip the Fee)
If you cannot afford the fee to file your petition, you can ask the court to waive (skip) it. Some courts will waive the whole fee and some will waive part of it.
You often qualify for a fee waiver if you get certain government help (like food benefits, Medicaid, or other income-based programs) or if your income is low.
You may also qualify if you do not have enough money for both your basic needs and the court fee.
It is worth asking even if you are not sure if you qualify.
Additional Steps
In addition to filing the petition, each state has its own requirements for changing your name.
A few common examples:
Newspaper Publication
You may need to put a notice of your name change in a local newspaper for about one month before the judge approves your petition. There is usually a fee to do this.
Some states let you skip publishing a notice in the newspaper if your name change is to match your gender identity. This helps protect your privacy and safety.
Fingerprints or Background Check
Some states require you to submit your fingerprints or get a background check as part of the name-change process.
Sealing Your Records
States have different options to keep your name change private (called “sealing” your case) or leaving your address off public papers. If you are worried about your safety or privacy, ask a court clerk how to do this in your state.
Check your state’s info for any additional steps you need to take.
Getting Your Court Order
In most cases, a judge reviews your forms and decides if everything is acceptable.
In some courts, you may have to attend a court hearing and answer questions (like the reason why you are changing your name).
The judge will then sign an order with your new legal name. Theis entire process often takes a few months.
This court order is your official proof of your name change. It shows that your old name and your new name belong to the same person. Keep an original copy in a safe place.
When your court order is ready, ask the court for 2-3 certified copies (official stamped copies).You will need them for updating important ID documents.
Helpful Notes
Save your certified copies for changing the name on your important ID documents.
You can use unofficial copies (photocopies or digital files) for things like updating bank and credit card accounts, bills, school records, rental agreements, and insurance records.
Court orders do not expire.
If you need another copy in the future, you can ask the same court for a new one.
