The path to changing your name differs depending on your reason for doing so. Whatever your circumstances, our guide has you covered.
Find out more about legal name change
by Brette Sember, J.D.
Brette is a former attorney and has been a writer and editor for more than 25 years. She is the author of more than 4.
Updated on: August 14, 2024 · 12 min read
Common reasons to legally change your name include marriage or divorce, gender identity change, adoption, and personal preference. But no matter your reason, you'll have to first start by making a legal name change request.
In this article, we'll explain the detailed processes for legally changing your name to a new name and the steps for getting a name change order.
Once you do submit your formal name change request and officially change your name, there is a long list of people, entities, and other institutions to contact with the new information to make sure the change is complete, legal and valid.
Deciding to legally change your name is a big step and one that should not be made lightly. In most situations, you must have a very good reason to change your name, and a judge must approve your request and issue a name change order unless the name change is related to marital status.
You may change your first name, middle name, and/or last name to a new name or names. Note that you can change your title (for example, Mr., Ms., or Mrs.) at any time you want since it is not a legal designation.
Getting a legal name change after marriage is arguably the easiest of the four main processes. To start, make sure that you and your partner are married by someone fully authorized to perform marriage ceremonies in that state. This is necessary for your marriage certificate to be considered valid.
Once you and your partner have both said "I do," file your marriage certificate with the local marriage office, normally at the town hall of the county in which you were married. There, you can request one or more copies of your marriage certificate to keep for your records.
In most cases, this will count as legally changing your name. When updating or modifying accounts, government and financial records, or other documents, your marriage certificate will serve as proof of the name change.
Sometimes, when changing their name after marriage, a couple may decide they both want to change their names to an entirely new last name or combination of their previous names. In that instance, each spouse will need to file a formal name change petition with a local court.
It is important to understand that if your marriage ends, your name remains the same unless you take steps to change it.
Similar to how a marriage certificate serves as proof of a name change, a divorce decree is also typically considered proof of the same.
It's important to note, however, that you should include a request to revert to your pre-marriage name in your divorce petition. This request is a simple process during divorce, but failing to take care of it until after the divorce has been finalized can complicate the issue. If you forget or fail to include such a request in the divorce petition, you may be required to file a second court petition to change your name.
Once the divorce has been finalized, make sure to request a certified copy of your divorce decree to serve as proof of your name change when trying to update paperwork.
If you changed your name to your spouse's name when you married and had a new married name, you might want to change your name back to your maiden name (also called a premarital name) if you get divorced. You are not required to do so, however. If you have a child, you might want to keep your married name so it will match your child's name. Your former spouse does not have to give permission or agree if you want to do a name change after divorce.
To change your name after divorce back to your former name, you must decide that you want to change your name back (or that you want to have the option to change it back) during the divorce proceedings or divorce case. During the divorce process, you must make a request to the court to be able to change your name. Your name will not automatically revert to your maiden name or premarital name. You must request the legal name change.
If you ask the court for the right to change your name to your premarital name, the judge will include a clause in your divorce decree giving you the legal ability to change your name to your premarital name. You do not need to go through any other court process or file for a legal name change. Your name after divorce can be legally changed to your premarital name without any other court order.
Once the divorce is concluded and your state's court has issued the divorce judgment or divorce decree, you will then use that document to legally change your name elsewhere as part of your name change process.
If you changed your name when you married, your birth certificate was not altered. Therefore, when you get divorced, you do not need to make any changes to your birth certificate.
Getting a legal name change via court order, such as to change your gender identity on official documents, is more complicated than getting a marriage license or divorce decree. That said, there are a few basic steps to follow to make sure it happens successfully.
These forms vary depending on your home state and even jurisdiction, but they can almost always be found on your local courthouse's website. Filing for a court-ordered name change typically involves a filing fee, but this can be avoided in many cases by filing a need-based fee waiver request with the same courthouse you intend to use when changing your name.
The timeline for this hearing depends on the court's availability, so prepare to wait weeks (or months) for your day to come. Many states require individuals petitioning for a court-ordered name change to publish a public notice in the local newspaper so that anyone with an objection to the name change can also appear in court. This can be stressful, especially in high-tension situations such as a gender change, but is often legally required.
Unlike with marriage or divorce, the courts require individuals seeking this kind of name change to explain the reason behind the change. This also means that you should come prepared with documents that support your case, such as a background check proving that you aren't trying to change your name to avoid debts or criminal charges.
Once these three main steps are done, you can request court papers to serve as proof of your court-ordered name change. It's always best to request multiple copies of these papers, as they'll be used to modify legal documents later on, such as your birth certificate.
If you want to change your child's birth name, you must file a petition for a name change in court, and both parents must agree, or a court must order the child's name change when a judge signs an order if a parent makes an ex parte application. Sometimes after a divorce, a parent wants the child's name to change to a step-parent's last name because of the child's relationship with the step-parent. This is only possible if the other parent agrees.
Changing a child's name involves elements of both the marriage or divorce methods and the court-ordered process. That said, it can be even more complex than trying to change your name after a gender change or other personal matter.
Though it's possible to change a child's name after an adoption is finalized, it's always better to start the process when you initially file the petition. When you do, include your reasons for wanting to change the child's name and, if it’s not a closed adoption, written consent from the biological parents.
When you do so, the court will set a hearing date for everyone involved in the adoption to appear and argue their cases. While this process is amicable in most adoption cases, it's legally required to give proper notice to previous guardians and other invested parties.
For this step, make sure to bring all necessary documents related to the adoption, such as the adoption petition itself and any social services records that support your decision to adopt. Though you should always be prepared to defend the name-change request, this is almost always honored during the adoption process.
After the hearing is over, the final adoption decree should include the approved petition for a name change. Just like with any other method of legally changing your name, make sure to order and keep multiple copies of these records.
After you've finalized your name change request and received proof of the change itself, you'll need to update your name on identity documents, like your driver's license, passport, or Social Security card. For a more comprehensive guide, we suggest a name change checklist, but these are the main steps to remember:
With few exceptions, your Social Security card should be one of the first things you update following a legal name change. Often, this will be the document that the IRS and other government agencies require when updating other records.
To do so, download, complete, and submit Form SS-5 on the Social Security website. This takes a few weeks to process, after which your information will automatically be updated within the government system.
After you've gotten your new Social Security card squared away, it's best to obtain an updated day-to-day form of identification, such as a driver's license or state ID card. This can typically be done at your DMV, though you should check state regulations to make sure you have the documents needed to make the change.
By updating your Social Security information, the IRS will automatically associate your Social Security number with your new legal name. When you next file taxes after the name change, make sure to use your new name.
That said, you should make sure that your employer updates your W2 and payroll information to reflect the name change. If they don't, the IRS may take issue with any discrepancies between income reported under your old name and the new name they now have on file.
Although not technically a form of identification, most people will want to update their voter registration forms to make sure they can vote without issue when the time comes. Again, this process varies by location but can almost always be accomplished online.
Because banks and credit agencies rarely account for name changes automatically, you'll need to contact them to change the official names on your accounts. Doing so early on can prevent problems with your credit score or payment methods.
On a related note, it's typically wise to update your name on loans and other financial agreements for reasons similar to those involved with bank accounts.
In order to ensure the continuity of coverage, contact your health, dental, vision, and life insurance agencies to update your name in their records and receive new insurance cards, where applicable.
An oft-overlooked type of document following a legal name change is an estate plan. Once you've legally changed your name, take the time to go back and update your will, any trusts you maintain, your power of attorney, and your advance directive. This will help your beneficiaries avoid any extra legal challenges in the event of your death.
No matter what your reason may be for changing your legal name, it can be a challenge to navigate all of the legal processes involved. To help, many lawyers offer a flat, one-time fee to help you prepare for any court hearings, draft petitions, and even make sure that all of your legal information is properly updated after the fact.
If you're struggling with the process or just want to make sure it's done—once and for all—consider reaching out to an experienced name change attorney for help.
For both marriage certificates and divorce decrees, the cost of changing your name is included with the act of filing for those respective documents. A name change via court order, however, typically involves a one-time filing fee that varies from state to state ($100 to $500).
If you change your name during marriage or divorce, you won't need to update your birth certificate. If you perform a name change via court order or during adoption, however, you'll likely want to file for a new birth certificate for you or your child that reflects the most current name.
For divorces and marriages, name changes technically occur as soon as the divorce decree or marriage license is filed. For court-ordered name changes, the process involves gathering documentation, filing a petition, setting a court date, appearing in court, and receiving official documents—all of which can take weeks or months to complete. In these situations, a name change lawyer can help expedite and streamline the process.
In most marriages or divorces, you likely won’t need another lawyer to change your name. In more complicated cases, or in cases of adoption or name changes due to personal reasons, a lawyer can help simplify and accelerate the process.
Find out more about legal name changeThis article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
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