To legally change your name in most situations, you file a Petition for Change of Name with the court in the county where you live, attend a short hearing, and use the signed decree to update your Social Security record and other identification. Filing fees run from under $100 to over $450 depending on the jurisdiction, and the process typically takes a few weeks to a few months from petition to decree. Marriage and divorce are the main exceptions, and they don’t require a separate petition at all.
When You Don’t Need a Court Petition
If you’re changing your name because of marriage, your marriage certificate is the legal proof. Certified copies of it work directly at the Social Security office, the DMV, and the passport agency. No separate court filing is needed.
Divorce works the same way if you plan ahead. Most courts let you include a name-restoration request in the divorce petition, and the final divorce decree then doubles as your name-change order at no extra cost. Skip that step during the divorce and you’ll have to go through the full petition process later, filing fee and all.
For every other reason, including personal preference, cultural or religious reasons, or aligning your legal name with your gender identity, the court petition process below applies.
Who Can File
Any adult can file on their own behalf. For a child, a parent or legal guardian files, and most courts require both parents to consent. If one parent objects, the other can still petition, and the judge holds a hearing where the objecting parent can be heard before ruling.
Residency is a threshold. You file in the county where you live, and most jurisdictions require you to have lived there for a minimum period, often six months to a year, before filing.
Courts deny petitions filed for fraudulent or illegal purposes, including changing your name to escape debts, dodge criminal charges, or mislead someone in business. A criminal record doesn’t automatically disqualify you. Some jurisdictions impose a waiting period after you complete a sentence; others simply require full disclosure so the judge can weigh the circumstances.
Registered sex offenders face stricter rules. Some jurisdictions prohibit name changes for people on the registry outright; others allow them with notification to law enforcement. Federal regulations require any sex offender who changes their name to appear in person at the registration office within three business days to update their records.
Lawful permanent residents can petition the same way a citizen would. After the court order issues, file Form I-90 with USCIS, with the certified decree attached, to get a green card in the new name.
Documents to Gather Before Filing
The core document is the Petition for Change of Name, available from your county courthouse or, in many places, downloadable from the court’s website. It asks for your current legal name, the name you want, your date of birth, current address, and the reason for the change.
You’ll typically attach a certified copy of your birth certificate and a valid government-issued photo ID. Some jurisdictions require a criminal background check, which may involve getting fingerprinted at a law enforcement agency.
Many courts require the petition to be notarized. Most states cap notary fees between $2 and $25 per signature. Banks, shipping stores, and public libraries often provide notary services.
Make copies of everything before you file. You’ll want a full set of the petition and its attachments for your own records, and various agencies will ask about the details later.
Filing, Fees, Publication, and the Hearing
File the petition with the clerk of the court in your county. Depending on the state, that’s a circuit court, superior court, or district court. You’ll pay the filing fee at submission. Fees range from under $100 to over $450 across the country. If you can’t afford the fee, ask the clerk for a fee waiver, often called an “In Forma Pauperis” application, which requires you to document your finances.
Once filed, the clerk assigns a case number and sets a hearing date. Many states also require you to publish notice of your intended name change in a local newspaper, typically once a week for several consecutive weeks. Publication costs run from around $30 to several hundred dollars depending on the paper and the number of weeks required. The newspaper provides a proof-of-publication affidavit, which you file with the court before the hearing.
The hearing is usually brief. The judge reviews the petition, confirms your identity, and may ask a few questions under oath about your reasons and whether anyone has objected. If everything is in order and no formal objection has been filed, the judge signs a decree granting the name change. Objections are rare, and the grounds are narrow: a third party essentially has to show personal knowledge that the change would serve a fraudulent or illegal purpose.
Confidential Filings for People at Risk
The publication requirement is a problem for people fleeing domestic violence, stalking, or trafficking. Many states let you ask the judge to waive newspaper publication if publicizing the new name would put you in danger. The request usually takes the form of a separate motion filed alongside the petition, supported by evidence such as a protective order or an affidavit describing the threat. Some states can also seal the case file so the new name doesn’t appear in public records. Ask the court clerk or a local legal aid organization about confidential filing procedures before you submit anything, since the waiver typically has to be requested at the outset.
Updating Your Records After the Decree
Once the judge signs the decree, get several certified copies from the clerk’s office. Certified-copy fees vary by court. Plan on at least three or four, because most agencies require an original certified copy rather than a photocopy, and you may need to send one to the passport office while another is at the DMV.
Social Security Card
Start here. Most other agencies verify names against Social Security Administration records, so updating SSA first prevents mismatches downstream. Complete Form SS-5 (Application for a Social Security Card) and bring it to your local SSA office with the certified decree and current ID. SSA only accepts original documents or copies certified by the issuing agency. A replacement card is free.
Tax Returns
The IRS matches the name and Social Security number on your return against SSA records. A mismatch delays processing and any refund. Update SSA before filing your next return. If you married but haven’t updated SSA yet, file the return in your former name to avoid a mismatch.
Passport
The form and fee depend on timing:
- Within one year of both your passport being issued and your name change, submit Form DS-5504 by mail. This is free unless you want expedited processing.
- More than one year since either your passport was issued or your name changed, you’ll either renew by mail using Form DS-82 or apply in person using Form DS-11, depending on your eligibility. The adult passport book fee is $130. Applying in person with Form DS-11 also carries a $35 acceptance facility fee, for $165 total.
In every case, include the certified court decree (or marriage certificate, if that’s the basis) and a new passport photo.
Driver’s License or REAL ID
Visit your state’s motor vehicle agency with the certified decree. For a REAL ID-compliant card, bring the full chain of documents linking your birth name to your current legal name: birth certificate plus every legal name-change document in between, whether marriage certificate, divorce decree, or court order. If you’ve changed your name more than once, bring documentation for each change. Missing a link means another trip.
Voter Registration
Update your voter registration to match your new name. This can usually be done online, by mail, or at your local election office. Don’t wait until election season. If your registration name doesn’t match your ID at the polls, you may face delays or have to cast a provisional ballot.
Birth Certificate
Contact the vital records office in the state where you were born to amend your birth certificate. Submit a certified copy of the decree with the state’s amendment form and processing fee. The amended certificate will note that a change was made. This step is optional for most purposes, since the decree itself is your primary proof, but some people prefer a birth certificate that matches their current name.
Banks, Insurance, Employer, and Licenses
With the updated Social Security card and ID in hand, work through the rest of your accounts. Bring the decree and new ID to your bank and credit card issuers. Credit bureaus generally update after financial institutions report the new name, though you can also contact Equifax, Experian, and TransUnion directly. Give your HR department a copy of the decree and the updated Social Security card; if your employer uses E-Verify, a name mismatch can trigger a flag, and employees generally have eight federal working days to begin resolving it. Update health, auto, life, and homeowner’s or renter’s insurance, since coverage can be disputed if a claim is filed under a name that doesn’t match the policy. Contact each professional licensing board directly, since some require the decree while others accept an updated driver’s license.
Lawful permanent residents should file Form I-90 with USCIS, with the certified decree attached, to get a replacement green card in the new name.