How to change your legal name
You change your legal name by filing a petition in the court that serves your county or district, paying a filing fee, and attending a hearing where a judge approves the change. The process takes between four weeks and four months depending on your state and whether anyone objects. You do not need a lawyer, though some people hire one. After the judge signs the order, you use that court document to update your name with the Social Security Administration, your state's vital records office, your driver's license, and any other agencies or institutions that hold your records.
The exact steps, fees, and waiting periods vary by state. Some states let you change your name as part of a divorce or adoption; others require a separate petition. A few states have streamlined online filing; most require you to file in person or by mail. This guide covers the general process and points you to your state's specific rules.
Key Takeaways
- You file a name change petition in the court that serves your county, pay a filing fee (usually $100 to $500), and attend a hearing where a judge decides whether to grant it.
- Most states require you to publish notice of your petition in a local newspaper, which costs $50 to $200 and takes one to four weeks.
- After the judge signs the order, you must update your name with Social Security, your state vital records office, and your driver's license before other agencies will recognize the change.
- The entire process from filing to final order usually takes two to four months, though some states are faster and some require longer waiting periods.
- You do not need a lawyer, but you do need to follow your state's specific rules about where to file, what forms to use, and whether publication is required.
Where to file your petition
You file your name change petition in the district court, circuit court, or superior court that covers the county where you live. Some states call this the "family court" or "probate court." You can find the correct court by searching "[your state] name change court" or by calling your county clerk's office and asking which court handles name change petitions.
A few states let you file online through the court's website. Most require you to file in person at the courthouse or by mail. When you call or visit, ask the clerk for the name change petition form your state uses — it is usually called a "Petition for Change of Name" or "Petition to Change Name." The clerk can also tell you the current filing fee, whether your state requires newspaper publication, and how long the process typically takes in that court.
What documents and information you need
To file a name change petition, you will need your current legal name, the name you want to change it to, your date of birth, your current address, and your reason for the change (though most states do not require you to state a reason). You will also need to provide your Social Security number and driver's license number on the petition form.
Some states require you to attach a copy of your birth certificate or state ID to the petition. Others ask for a criminal background check or proof that you are not trying to evade debts or criminal liability. A few states require you to show that you have lived in the state for a minimum period — usually 30 days to one year. Check your state's court website or call the clerk to find out what documents your state requires before you file.
Newspaper publication and public notice
Most states require you to publish notice of your name change petition in a newspaper that circulates in your county. This is called "publication" and it gives the public a chance to object to your name change. You typically publish the notice once a week for two to four weeks, depending on your state's rules. The newspaper charges a fee for publication, usually $50 to $200.
Some states let you skip publication if you are changing your name as part of a divorce, adoption, or court order. A few states have eliminated the publication requirement altogether. After you file your petition, the court clerk will tell you whether publication is required and which newspapers in your county are approved to publish legal notices. The newspaper will handle the publication for you once you pay them; you do not have to do it yourself.
The court hearing and judge's decision
After you file your petition and complete any required publication, the court will schedule a hearing. You must attend the hearing in person in most states, though a few allow you to appear by phone or video if you have a good reason. At the hearing, the judge will ask you why you want to change your name and whether you are doing it for a lawful reason. Most judges approve name changes unless there is evidence of fraud or an attempt to evade debts or criminal liability.
If no one objects to your petition and the judge finds no reason to deny it, the judge will sign an order granting your name change. The court will give you a certified copy of this order — you will need multiple certified copies (usually at least three) to update your name with other agencies. Ask the clerk how many copies you should order and what they cost. The order is your proof that your name change is legal.
Updating your name after the court order
Once you have the court order, you must update your name with the Social Security Administration, your state's vital records office, your state's motor vehicle department, and any other agencies that hold your records. Start with Social Security because many other agencies will not process a name change without an updated Social Security card.
Visit your local Social Security office in person and bring your certified court order, your current Social Security card, and a photo ID. Social Security will issue you a new card with your new name at no cost. This usually takes one to two weeks. After you have your new Social Security card, go to your state's motor vehicle department to update your driver's license or state ID. Bring the court order, your new Social Security card, and your current driver's license. Most states charge a small fee to reissue your license.
Next, contact your state's vital records office (usually part of the health department) to update your birth certificate. You will need to send them a certified copy of the court order by mail. They will issue you a new birth certificate with your new name, which usually takes two to four weeks. After that, update your name with your bank, employer, insurance companies, mortgage lender or landlord, and any other institutions that have your records. Bring them a certified copy of the court order as proof.
Timeline and costs
The entire name change process typically takes two to four months from the date you file your petition to the date you receive your final court order. Publication, if required, adds two to four weeks. The waiting period between filing and the hearing varies by state — some courts schedule hearings within two weeks, others take six to eight weeks.
Total costs range from $150 to $700 depending on your state and whether publication is required. Filing fees are usually $100 to $300. Newspaper publication costs $50 to $200. Certified copies of the court order cost $5 to $25 each. Social Security charges nothing for a new card. Your state's motor vehicle department usually charges $20 to $50 to reissue your driver's license. Your state's vital records office usually charges $10 to $30 for a new birth certificate.
Frequently Asked Questions
Do I need a lawyer to change my name?
No. The name change process is straightforward enough that most people file the petition themselves without a lawyer. However, if you have a criminal record, outstanding debts, or if you think someone might object to your name change, a lawyer can help you prepare for the hearing. Legal aid organizations in your state may offer free or low-cost help if you cannot afford a lawyer.
Can I change my name if I have a criminal record?
Yes, but a judge may deny your petition if they believe you are trying to evade criminal liability or hide from law enforcement. Be honest with the judge about your reason for the change. Some states have specific rules about when you can change your name after a conviction — for example, you may have to wait a certain number of years after your sentence ends.
What if someone objects to my name change?
If someone files an objection before your hearing, the judge will hold a hearing where both you and the person who objected can present your case. Most objections are denied unless the objector can show that you are trying to commit fraud or evade legal responsibility. The judge will decide whether to grant or deny your petition based on the evidence presented.
How long does it take to update my name after I get the court order?
Social Security usually takes one to two weeks. Your state's motor vehicle department usually processes a license change within two to four weeks. Your state's vital records office usually takes two to four weeks to issue a new birth certificate. Banks and employers typically update their records within one to two weeks once you show them the court order.
Can I change my child's name?
Yes, but the process is different. You file a petition in family court, and both parents must usually consent unless one parent's rights have been terminated. If the child is old enough (usually 12 or older in most states), the judge may require the child's consent as well. The court will hold a hearing to make sure the name change is in the child's best interest.