How Long Does It Take to Change Your Name?

Depending on your location and your reason for the switch, changing your name can be a relatively time-consuming process that takes anywhere from a couple of days to several months. 

Most applications begin by filing paperwork with the court clerk, and in some instances, you may be required to attend court hearings, undergo background checks, or publish your intent to change your name in a public forum. The process is different in every state.

Factors that affect name change duration

How long it takes to change your name will depend on quite a few factors, ranging from your stated reason for your name change to residency requirements and mandates put in place by the courts. The following are a few of the criteria that will have the biggest impact on how long it takes to legally change your name.

Type of name change

The reason behind a request for a change of name will likely play a big role in how quickly the request can be fulfilled. 

In most states, a change in surname following a marriage takes only a few weeks. In some cases, the process can take several months. 

If you are getting divorced, the name change can be done as part of the divorce process.

For all other name change requests, a petition must be filed with your state’s court system. This process covers many different situations, and wait times will vary dramatically from state to state, but this type of name change typically takes the most time, no matter where you live.

Residency requirements

Where you reside is a huge determinant of how quickly and easily you can change your name. 

Many states have a similar process for changing your name, requiring some legal paperwork, a fee, and either a court hearing, public notice, or both. Other states have more specific requirements for changing a name—in North Carolina, for instance, two “affidavits of good character” must be presented by residents of the county in which the applicant resides. 

Fulfilling additional requirements prior to filing your petition can draw out the process longer than necessary, so it’s important to know what your state requires before attempting to file.

Background and biometric checks

In many states, a background check and fingerprinting is required as part of a petition for a name change. These measures are often passed at the state level in order to prevent individuals who have been convicted of violent or sexual crimes from returning to anonymity following their sentence.

Some states, like Florida, do not allow individuals who have been convicted of a felony to change their names. In California, most felonies will not preclude someone from changing their name unless it is a sex offense, in which case a judge must determine if the name change will “harm public safety.” More extensive scrutiny for these types of checks will likely increase the time spent waiting for a name change petition.

Other states, including Georgia and Alaska, have no specific requirements for background checks, fingerprinting, or any other biometric checks and do not prohibit name changes based on an individual’s criminal record. The name change process can generally be expected to move more quickly in states that do not have these checks in place.

While these types of requirements vary from state to state, it’s important to note that a criminal record does not disappear even if an individual is legally allowed to change their name. That record is simply transferred over to the person’s new name and will still appear on future background checks and biometric records.

Court schedules

The backlog of court cases in your district will often determine how quickly a name change request can be processed. Many states require a court appearance before a judge before a name change is approved, and in some cases, court dates may need to be scheduled weeks or even months in advance. 

The court hearing associated with a name change request itself is typically fairly brief, but the wait time for a hearing can represent one of the largest single factors in how long the process takes. Court processes vary not only from state to state but also from district to district within a given state.

Publication requirements

In the many states, anyone wishing to change their name must publish notice of their request at least once. These requirements are typically put in place to ensure there is a record of the change made available to the general public.

Some states, like Ohio, Michigan, and Hawaii, require the notice to be published only once, while other states, like Indiana, Colorado, and Oklahoma, require weekly publication for up to a month. Still others require no publication whatsoever, including South Carolina, Texas, and New Jersey.

In many states where publication is required, applicants can request this requirement be waived in cases where publishing their current name or new name could represent a risk to their safety or the safety of individuals around them.

What documents should I prepare for my name change?

Before submitting an application to change your name, you will need to make sure you have all the appropriate documents required to make the switch.

This documentation is important not only for the initial application for a name change but also for updating government records once you get the change approved.

• Petition for name change: Unless you’re changing your name because of a marriage or a divorce, your request must be submitted to the court system as part of your application to change your name. This change document will vary from state to state but typically consists of a section containing your current and desired names, a checklist affirming your request adheres to the laws of the state in which you are applying, and a section to be signed by both the applicant and the court clerk.
• Marriage license or divorce decree: Whether you choose to change your name immediately when getting married or divorced or you choose to change your name at a later date, the paperwork corresponding to your change in marital status will often expedite the process. In most cases, presenting marriage certificates or divorce paperwork will eliminate the need to publish your intent to change names and any requirements for court hearings in your state.
• Identification: Depending on your state of residence, certain forms of identification are necessary to initiate a name change application. These typically include things like a driver’s license or state ID card, a birth certificate, or a Social Security card. Check ahead of time what forms of identification are necessary based on your location to ensure the process goes as quickly and smoothly as possible.
• Proof of residence: In order for a petition to be considered by your district court, you will need to prove your residence in some way. In some cases, an appropriate ID card will suffice, but some states may require documents like utility bills or lease agreements.

Do I need a lawyer to change my name? 

While it’s entirely possible to change your name without a lawyer to assist in the process, in many cases it is faster and easier to complete the process with qualified legal assistance.

Making sure you have all your paperwork completed and organized correctly can be time-consuming, especially in states with more restrictive statutes governing name changes, and the court system can be difficult to navigate if you are inexperienced with public notices and court hearings.

If you’re feeling unsure about how to start the process of changing your name, or you want to make sure your application is complete and accurate from start to finish, using an online product like our Legal Name Change service can give you step-by-step instructions for how to proceed.

FAQs

What are common reasons for changing your name?

The most common reasons for name changes, by far, are marriages and divorces. Outside of these common scenarios, there are many reasons why people seek a name change, but it’s important to know that you have the right to seek a change for any reason as long as your request conforms to state statutes.

While you may need to give a reason for your petition, it can be as simple as having a strong desire to change your name or feeling as though the name given to you at birth does not reflect who you are as a person.

How much does it cost to change your name?

It can vary from state to state, but the entire process of changing your name typically costs somewhere between $100 and $400. There are a variety of costs associated with a name change, but the largest expense is usually the filing fee determined by your state’s statutes.

Are there rules about what you can use as your legal name?

Generally, it is acceptable to choose any name you want when petitioning for a legal name change.

While the definitions of what constitutes a valid name are fairly wide open, many states have restrictions in place to prevent the use of obscene language as a name or names chosen to intentionally confuse or impersonate another person. It’s best to check your local statutes for better guidance about any restrictions that might exist in your state.

How often can you change your name?

Most states allow a person to change their name whenever their marital status changes.  Petitions to change a name for other reasons are often treated with more scrutiny. In many states, an individual cannot change their name more than once unless it is done to reflect a change in marital status.

If you wish to change your name for another reason, it’s best to consult your local statutes to determine what, if any, restrictions apply to your specific case.

What do I do once my name change is approved?

Once your petition is submitted and your court date has passed, there are several important records you'll need to update with your new information. You'll want to send certified copies of the court order approving your name change to the Social Security Administration to get a new Social Security card, the State Department to receive an updated passport, and numerous other government agencies as recommended by the U.S. General Services Administration.