You can change your name at any age, but the process differs for minors and adults
A minor can change their name through a parent or guardian who petitions the court on their behalf. An adult (usually 18 or older) can petition the court directly. The exact age when you can file your own petition varies by state — some allow it at 16 with parental consent, others require you to wait until 18. In all cases, a judge must approve the change, and you will need to publish a notice in a local newspaper or courthouse, though some states waive publication for minors.
The reason for the name change does not matter legally. You can change your name for marriage, divorce, personal preference, or any other reason. The court's job is to make sure you are not doing it to commit fraud or evade a debt or criminal record. If you have unpaid child support, outstanding warrants, or are a registered sex offender, the court may deny your petition.
Key Takeaways
- Minors need a parent or guardian to file a petition in court; the age at which a minor can file alone ranges from 16 to 18 depending on your state.
- Adults 18 and older can file their own petition directly with the court in their county.
- All name changes require a judge's approval and typically involve publishing a notice in a local newspaper, though some states skip this step for minors.
- The court will check for outstanding warrants, unpaid child support, or sex offender registration before approving your petition.
- The total cost ranges from $100 to $500 depending on your state and whether you hire an attorney.
How the process works for minors under 18
A parent or legal guardian must file a petition with the court in the county where the minor lives. The petition includes the minor's current name, the requested new name, and the reason for the change. The court will set a hearing date, usually within 4 to 8 weeks. Both parents must consent unless one parent's rights have been terminated or the other parent cannot be located.
At the hearing, the judge will ask why the name change is being sought and whether it is in the minor's best interest. For young children, the judge may not require the child to attend. For older minors, the judge may want to hear from the child directly. If the judge approves, you will receive a court order. You then take this order to the vital records office to update the birth certificate, and to the school, Social Security Administration, and any other institutions that hold records under the old name.
Some states allow minors as young as 14 or 16 to file their own petition if they have parental consent. Check your state's court website or call the clerk's office to learn the minimum age in your jurisdiction.
How the process works for adults 18 and older
You file a petition directly with the district or circuit court in the county where you live. You will need to provide your current legal name, the name you want, your date of birth, and your reason for the change. Most courts have a form you can read from their website; some allow you to file online. Filing fees typically range from $150 to $300.
After you file, the court will require you to publish a notice of your name change in a local newspaper for a set period, usually 2 to 4 weeks. This gives creditors and other interested parties a chance to object. Some states allow you to skip publication if you can show good cause — for example, if you are changing your name to escape domestic violence. Ask the court clerk whether your reason qualifies.
The court will then schedule a hearing. In many states, if no one objects and your background check clears, the judge may approve your petition without requiring you to appear in person. You will receive a certified copy of the court order, which you use to update your birth certificate, driver's license, Social Security record, passport, and any other documents.
What happens if you have a criminal record or unpaid debts
The court will run a background check before approving your petition. If you have outstanding warrants, unpaid child support, or are required to register as a sex offender, the court may deny your petition. The law assumes that a name change in these circumstances could be used to evade legal obligations or public safety requirements.
If your petition is denied, you have the right to appeal. You can also reapply after you have resolved the underlying issue — for example, after you have paid off child support arrears or completed your sex offender registration period. Some states have specific rules about how long you must wait before reapplying; check your state's court rules or ask the clerk.
Costs and how long it takes
Filing fees range from $100 to $500 depending on your state. Some counties charge less for minors than for adults. If you hire an attorney to help with the paperwork, expect to pay an additional $300 to $1,000, though many name changes do not require an attorney — the forms are straightforward and available free from the court.
The entire process typically takes 4 to 12 weeks from the date you file to the date the judge signs the order. Publication in a newspaper adds 2 to 4 weeks. If the court requires a hearing and you have to wait for an open date, the timeline can stretch longer. Once you have the court order, updating your other documents — birth certificate, driver's license, Social Security — usually takes another 2 to 6 weeks depending on how busy the agencies are.
Updating your documents after the name change is approved
Start with your birth certificate. Contact the vital records office in the state where you were born (not where you live now). You will need to submit a certified copy of the court order, a completed process form, and a fee, usually $10 to $25. Processing takes 1 to 3 weeks. Once you have the new birth certificate, use it to update everything else.
Next, update your Social Security record. Go to your local Social Security office or mail Form SS-5 along with your court order and current ID. This usually takes 1 to 2 weeks. Then update your driver's license or state ID at your DMV — bring the court order and your Social Security card. Update your passport through the State Department if you have one. If you have a bank account, mortgage, or insurance policy, contact those institutions directly with a copy of the court order.
Keep several certified copies of the court order on hand. Agencies sometimes lose documents, and you may need to resubmit. The court clerk can provide additional certified copies for a small fee, usually $1 to $5 per copy.
Name changes after marriage or divorce
If you are changing your name because of marriage or divorce, you may not need to go through the full court petition process. Many states allow you to change your name as part of the marriage or divorce decree itself. When you get married, you can request a name change on the marriage license process. When you get divorced, you can request it in the divorce judgment.
If your state does not allow this, or if you want to change your name for a different reason after marriage or divorce, you can still file a separate petition using the process described above. The court will treat it the same way as any other name change petition.
Frequently Asked Questions
Can a 16-year-old change their name without their parents' permission?
It depends on your state. Some states allow minors 16 and older to file their own petition with parental consent. A few states allow it without parental consent if the minor can show the change is in their best interest. Contact your county court clerk to learn your state's rules.
What if one parent refuses to consent to a minor's name change?
The court can override one parent's refusal if the other parent consents and the judge finds the change is in the child's best interest. You will need to explain to the judge why the non-consenting parent's objection should not block the change. Bring any evidence that supports your case — for example, a letter from a school counselor or therapist.
Can I change my name if I owe back taxes or have a judgment against me?
Back taxes and civil judgments typically do not block a name change. The court is mainly concerned with criminal warrants, child support arrears, and sex offender registration. However, creditors can object during the publication period, so be prepared to explain your situation to the judge if they do.
Do I have to publish a notice in the newspaper if I am changing my name for safety reasons?
Many states waive the publication requirement if you can show good cause, such as domestic violence, stalking, or harassment. File a motion with the court asking for a waiver and provide evidence of the threat. The judge will decide whether to grant it.
How much does it cost to change your name?
Court filing fees range from $100 to $500 depending on your state and county. If you hire an attorney, add $300 to $1,000. You can do it yourself without an attorney — the forms are free and available from your court's website.