How to Change Your Name

A Comprehensive Guide to Legal Name Changes in the United States

Introduction

A name is more than just a label--it is a fundamental part of personal identity, appearing on every official document from birth certificates to tax returns. Yet there are many valid reasons why someone might wish to change the name they carry through life. Whether prompted by marriage, divorce, personal preference, cultural considerations, or the desire to align one's legal identity with their authentic self, millions of Americans change their names each year.

The process of legally changing your name, while sometimes perceived as daunting, is actually straightforward when approached with proper preparation. Every adult U.S. citizen has a constitutional right under the Fourteenth Amendment to change their name, provided the change is not undertaken for fraudulent purposes. This guide walks you through the various methods, requirements, restrictions, and practical steps involved in making a new name legally yours.

Reasons for Changing Your Name

People change their names for many reasons, and courts generally do not require a specific justification for approving a name change request. Common motivations include:

Marriage: The most common reason for name changes in the United States. Traditionally, one spouse (historically the wife) takes the other's surname, though modern couples have many options including hyphenation, creating new combined names, or both partners changing their names.

Divorce: Many people choose to revert to their pre-marriage name (sometimes called a maiden name or birth name) following divorce. This can often be accomplished as part of the divorce proceedings themselves.

Personal preference: Some people simply dislike their given name--perhaps finding it difficult to spell or pronounce, overly common, or associated with unpleasant memories. No elaborate justification is required; wanting a different name is reason enough.

Cultural or religious reasons: Individuals may adopt names that better reflect their cultural heritage, religious conversion, or spiritual identity.

Professional considerations: Writers, performers, and other professionals sometimes legally adopt the stage names or pen names under which they have built their careers.

Safety concerns: Survivors of domestic violence, stalking, or harassment may change their names to protect themselves and make it harder for abusers to locate them.

Disassociation: Some people wish to distance themselves from family members, particularly if those family members are associated with criminal activity or public scandal.

Correction of errors: Sometimes names are misspelled on original documents, and a formal name change is the simplest way to correct the record across all documentation.

Types of Name Changes

There are essentially two pathways to changing your name in the United States: the common law method (informal name change through usage) and the statutory method (formal court-ordered name change). Additionally, certain life events--particularly marriage and divorce--provide streamlined processes for name changes.

Common Law Name Change (Usage Method)

Under common law principles that date back centuries, a person may change their name simply by consistently using a new name in all aspects of their life. No court order or formal legal process is required. The person simply begins using the new name, signs documents with it, introduces themselves by it, and eventually it becomes their legal name through consistent, non-fraudulent usage.

However, this approach has significant practical limitations. While technically legal, a common law name change makes it difficult or impossible to update official documents. Government agencies, banks, and other institutions typically require a court order or other official documentation (such as a marriage certificate) before they will change records. Without such documentation, you may find yourself unable to obtain a new driver's license, passport, or Social Security card in your chosen name.

The common law method is most useful for informal situations--among friends, in social settings, or in contexts where official documentation is not required. For most practical purposes, a formal legal name change is necessary.

Court-Ordered Name Change

The statutory method involves filing a petition with your local court and, in most cases, appearing before a judge who will issue an official order changing your name. This court order then serves as the legal documentation needed to update all your records and identification.

Court-ordered name changes are handled at the state level, with procedures varying by jurisdiction. Generally, the process involves filing paperwork with a local court (often the probate, family, or superior court), paying filing fees, potentially publishing notice of the name change in a newspaper, and attending a brief hearing before a judge.

Name Change Through Marriage

Marriage provides the simplest pathway to a legal name change. When you marry, you can use your marriage certificate as legal documentation to change your name on all official records. No separate court petition is required.

Upon marriage, you have several naming options:

• Take your spouse's surname
• Hyphenate your surnames (Smith-Jones)
• Create a combined or blended surname
• Move your birth surname to your middle name and take your spouse's surname
• Keep your birth name entirely
• Have your spouse take your name

Most states allow these changes to be made using only the marriage certificate, though some options (like creating an entirely new blended surname) may require a separate court petition in certain jurisdictions.

Name Change Through Divorce

If you changed your name upon marriage and wish to revert to your former name upon divorce, you can typically request this as part of your divorce proceedings. Most states allow the divorce decree or certificate of dissolution to include a clause restoring your pre-marriage name.

If your divorce decree does not address name restoration, or if you decide later that you want to change back, you will need to file a separate name change petition with the court.

Legal Requirements and Restrictions

Basic Eligibility Requirements

While requirements vary by state, most jurisdictions require that petitioners for a name change meet these basic criteria:

• Residency: You must typically be a resident of the county and state where you file your petition. Some states specify a minimum residency period.
• Age: Adults (usually 18 and older, though some states set the adult age at 19) can petition for their own name change. Name changes for minors require parental or guardian involvement.
• Non-fraudulent purpose: You cannot change your name to evade debts, escape criminal prosecution, or defraud others.
• No pending criminal charges: Many states prohibit name changes while criminal charges are pending against the petitioner.

Criminal History Considerations

Several states impose restrictions on name changes for people with certain criminal convictions. These restrictions vary widely:

• Some states prohibit name changes for anyone convicted of a felony
• Others restrict only those convicted of sex offenses
• Some impose waiting periods following conviction
• Others allow name changes but require additional notice procedures (such as notifying law enforcement)

If you have a criminal record, research your state's specific requirements carefully or consult with an attorney.

What Names Are Not Permitted

While you generally have broad freedom in choosing your new name, courts will not approve name changes to:

• Names intended to defraud or deceive others
• Names of famous people if the intent is to impersonate them or capitalize on their fame
• Names consisting solely of numbers or symbols (though some states permit names containing numbers)
• Racial slurs or other offensive terms
• Names containing threatening or obscene words
• Names that could incite violence
• Names likely to cause confusion (such as names identical to government officials or existing businesses in misleading contexts)

The Court-Ordered Name Change Process

Step 1: Research Your State and County Requirements

Before beginning the process, research the specific requirements for your state and county. Information is typically available on your local court's website or by contacting the court clerk's office directly. Key things to determine include:

• Which court handles name change petitions (probate, family, civil, or superior court)
• Required forms and where to obtain them
• Filing fees (typically ranging from $60 to $500 depending on jurisdiction)
• Whether a background check or fingerprinting is required
• Whether newspaper publication is required
• Whether a court hearing is mandatory or optional
• Typical processing times

Step 2: Gather Required Documents

Most jurisdictions require some or all of the following documents:

• Completed petition for name change (forms available from the court)
• Valid government-issued photo identification (driver's license, state ID, or passport)
• Certified copy of your birth certificate
• Social Security card
• Proof of residency (utility bills, lease, etc.)
• Fingerprints or background check results (in some states)
• Filing fee (or fee waiver application if you cannot afford it)

Step 3: Complete and File the Petition

Fill out the name change petition carefully and completely. The petition typically asks for your current legal name, your desired new name, the reason for the change, and basic identifying information such as date and place of birth, current address, and Social Security number.

Most states require the petition to be notarized. Many court clerk's offices offer notary services, often at no additional charge.

File the completed petition with the appropriate court and pay the filing fee. If you cannot afford the fee, ask about fee waiver applications--courts may waive fees for those who demonstrate financial hardship.

Step 4: Publication Requirement (If Applicable)

Many states require petitioners to publish notice of their intended name change in a local newspaper of general circulation. This requirement dates from an era when newspaper publication was the primary means of public notice. The notice typically must run for a specified period--often once a week for three to six consecutive weeks.

Publication costs vary significantly based on location and newspaper rates, ranging from roughly $30 to several hundred dollars. Some states allow online publication in lieu of print newspapers.

Step 5: Attend the Court Hearing

Most states require at least a brief court appearance where a judge reviews your petition and asks basic questions. The hearing is typically straightforward and may last only a few minutes. The judge will verify your identity, confirm your reasons for the name change, and ensure no fraudulent purpose is involved.

Some states and counties now offer simplified procedures that do not require a hearing if certain conditions are met (such as no objections filed and all paperwork in order).

If the judge approves your petition, they will sign an order officially changing your name. Request multiple certified copies of this order--you will need them to update your various records and documents.

Step 6: Update Your Records

With your court order in hand, you can now update your name across all your records and documents. The process works best if you follow a specific sequence, as some agencies verify information with others.

Updating Your Identity Documents

Recommended Order of Updates

For the smoothest process, update your documents in this order:

1. Social Security card (other agencies verify against SSA records)
2. Driver's license or state ID
3. Passport
4. Birth certificate (if desired)
5. All other documents and accounts

Social Security Administration

Start with the Social Security Administration because many other agencies--including the DMV, IRS, and passport office--verify your information against SSA records. If your SSA record does not match your other documents, you may encounter delays or complications.

To change your name with the SSA:

• Complete Form SS-5 (Application for a Social Security Card)
• Provide proof of your legal name change (marriage certificate, divorce decree, or court order)
• Provide proof of identity (unexpired driver's license, passport, or state ID)
• Provide proof of U.S. citizenship or immigration status if not already on file

You can start the application online in some states, but you will need to visit a local SSA office or mail original documents to complete the process. Some states now allow fully online name changes after marriage if both your marriage certificate and driver's license were issued by participating states.

There is no fee to change your name with Social Security. Your new card will arrive by mail within approximately 14 business days.

Driver's License or State ID

Once your Social Security record is updated, visit your state's Department of Motor Vehicles to obtain a new driver's license or state ID. Requirements vary by state but typically include:

• Your court order, marriage certificate, or divorce decree
• Your current driver's license
• Your new Social Security card (or proof that you've applied for one)
• Payment of applicable fees

The DMV will verify your information with the Social Security Administration before issuing your new license, which is why updating SSA first is essential.

U.S. Passport

To change the name on your passport, you will generally use Form DS-82 (Application for a U.S. Passport by Mail) if your current passport is less than 15 years old and you are eligible for mail-in renewal. Otherwise, use Form DS-11 and apply in person.

Required documents include:

• Your current passport
• Certified copy of your court order, marriage certificate, or divorce decree
• New passport-compliant photograph
• Applicable fees

Processing times vary; expedited service is available for an additional fee. Plan ahead if you have upcoming international travel, as your name must match your airline tickets exactly.

Birth Certificate

While not always necessary, you may wish to update your birth certificate to reflect your new name. This is typically done through the vital records office in the state where you were born. Requirements vary by state and often include submitting a certified copy of your court order along with an application form and fee.

Note that birth certificates are historical documents--some states issue an amended certificate showing both old and new names, while others issue a new certificate showing only the new name.

Special Circumstances

Changing a Minor Child's Name

Changing a child's name involves additional requirements beyond those for adult name changes, primarily because courts must ensure the change serves the child's best interests and that both parents have had an opportunity to participate in the decision.

When both parents agree: The process is relatively straightforward. Both parents sign the petition (or one parent files and the other signs a consent form), and the court typically approves the change without much difficulty.

When parents disagree: The non-consenting parent must be formally notified and given an opportunity to object. If an objection is filed, the court will hold a hearing to determine whether the name change is in the child's best interests. Factors considered may include the child's relationship with each parent, the length of time the child has used the current name, and the child's own preference (for older children).

Child consent requirements: Many states require children above a certain age (commonly 10-14) to consent to their own name change. Some courts will also consider the preferences of younger children if the judge determines them old enough to express a meaningful opinion.

Missing or absent parents: If one parent cannot be located, courts may permit notice by publication (similar to the adult name change process). However, you cannot simply skip notifying a parent because they are absent from the child's life--they still have legal rights that must be addressed.

Termination of parental rights: If one parent's rights have been terminated, only the remaining parent's consent is needed.

Name Changes for Non-Citizens

Non-citizens who are legally entitled to reside in the United States can change their names through the court system, though requirements may differ. Some states require proof of specific immigration status or additional documentation.

Important considerations for non-citizens:

• A name change does not affect your immigration status
• You must update your name with U.S. Citizenship and Immigration Services (USCIS) after a court-ordered name change
• If you are planning to become a U.S. citizen, you may be able to change your name as part of the naturalization process at no additional cost
• Changing your name may trigger additional immigration paperwork and fees

Costs and Timeline

Typical Costs

The cost of a legal name change varies by location but typically includes:

• Court filing fees: $60 to $500 depending on the state and county
• Fingerprinting/background check: $50 to $100 (if required)
• Newspaper publication: $30 to $200 (if required)
• Certified copies of the order: $10 to $30 per copy
• New driver's license: Varies by state (often $20 to $40)
• New passport: $130 to $160 (standard processing)

Total costs for a court-ordered name change typically range from $150 to $500 or more, depending on your location and requirements. Name changes through marriage or divorce are generally less expensive since they don't require a separate court petition.

Fee waivers are available in most jurisdictions for those who cannot afford filing fees. Courts may also waive publication requirements in certain circumstances.

Timeline

The name change process typically takes:

• Court process: 6 weeks to 4-5 months from filing to court order, depending on the state, county backlog, and whether publication is required
• Social Security card: Approximately 2-4 weeks after application
• Driver's license: Often same-day or within 2 weeks
• Passport: 6-8 weeks for standard processing; 2-3 weeks for expedited
• Other documents: Varies widely by institution

Plan for the complete process--from filing the petition to having all major documents updated--to take several months.

Practical Tips for Success

What Happens After the Name Change

Once your name change is complete and your documents are updated, begin using your new name consistently and exclusively. While there may be an adjustment period as friends, family, and colleagues get used to your new name, consistent use helps establish your new identity.

Keep certified copies of your name change order permanently--you may need them years later for purposes you cannot anticipate now. Store them safely with your other important documents.

Be aware that some records may prove difficult to change or may retain your former name in some capacity. Educational records, for example, may keep your former name on file for verification purposes. Professional licenses may require additional steps to update. Be patient and persistent.

Finally, remember that changing your name does not change your legal rights, obligations, or history. Debts, contracts, professional credentials, and family relationships all continue under your new name. A name change creates a new label, not a new legal identity--you remain the same person with the same responsibilities and entitlements, simply called by a different name.

Conclusion

Changing your name is a significant decision that involves both legal process and personal transition. While the paperwork can seem daunting, millions of Americans successfully change their names each year through marriage, divorce, and court petition. With proper preparation, attention to the required sequence of updates, and patience with bureaucratic processes, you can navigate the name change process successfully.

Start by researching your specific state and county requirements, gather your documents, and proceed step by step. Before long, your new name will be reflected on all your official documents--and you can move forward with the identity you have chosen for yourself.

Name Change Resources

• USA.gov - How to Change Your Name
• Social Security Administration - Change Your Name
• SSA - Documents Needed for a Social Security Card
• IRS - Name Changes & Social Security Number Matching
• U.S. Department of State - Change or Correct a Passport
• SSA Blog - Faster Way for Newlyweds to Update Social Security