Filing for a legal name change can feel like a life-changing decision. However, there are many reasons why changing your name is absolutely necessary.
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by Kimberly Gladden-Eversley
Kimberly Gladden-Eversley is a journalist and writer who covers personal finance, mortgages, and insurance. She is a ...
Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d...
Updated on: October 11, 2024 · 11 min read
There are many reasons to file for a legal name change, and your reason will determine the legal process you will follow. In most cases, individuals in the state of Missouri may consider a name change after a marriage or divorce. However, in some cases, parents may want to initiate a name change for their children.
Additionally, a legal name change may be a necessary adjustment after undergoing an identity or cultural transformation. Regardless of your circumstance, the legal requirements will differ depending on your situation.
Name changes after marriage are one of the most common reasons to legally change your name. In this case, your marriage license will serve as your primary legal document for the name change.
Are you ready to tie the knot? Whether you choose to jump the broom or not on your wedding day, changing your surname is a tradition that requires a marriage license.
Step 1: Obtain and fill out a marriage license application: To obtain your marriage license, you and your soon-to-be spouse must visit the recorder of deeds office in your county. This must take place before the marriage ceremony and be returned no later than 15 days after the ceremony is performed.
The marital ceremony can be performed alongside two witnesses by a clergyman, judge, or a marriage officiant who is a member of a religious organization. It’s important to note that you must be at least 18 years of age, or you will need parental consent. Additionally, both applicants must present one of the following forms of identification:
According to Missouri law, you can usually get your marriage license with zero wait times, which means you can get your marriage license the day you submit your application. For expedited service, you can begin your application online. However, both applicants are still required to appear in person to complete and collect the marriage license. It is important to note that the marriage license will expire after 30 days from the date your marriage license was issued.
Therefore, it is highly recommended that you schedule your wedding ceremony before the marriage license expires.
Step 2: List new last name on the application: While completing your application, both parties must provide their last name at birth and the new last name each applicant plans to assume after marriage. Additionally, you must provide your place of birth, residence, country and state. If there were prior marriages, you are also required to provide this information.
Step 3: Use the marriage certificate as proof of name change: After you receive the marriage license, the marriage officiant must return the signed marriage license within 15 days to the recorder of deeds. This must take place after the marital ceremony is complete. In return, your marriage officiant will receive your marriage certificate, which can be used as proof of your name change.
Depending on your county, it will cost between $48-$60 to receive a certified copy of your marriage certificate.
Step 4: File the marriage license in county court: Your chosen marriage officiant is responsible for delivering and filing your marriage license to the recorder of deeds no later than 15 days post-ceremony.
Step 5: Receive your marriage license: You will receive a certified copy of your marriage license by mail, which can take up to 30 days. Additional copies can be purchased for $9-$12, depending on your county.
After you receive your marriage license, you need to submit an application to the Social Security Administration to get an updated social security card with your new last name. Thankfully, you can keep your wallet closed. To apply and receive an updated Social Security card with your new name is free.
Once you receive your updated Social Security card, you will use this document as a form of identification to update your state ID and Missouri driver’s license with the Missouri Department of Revenue. To renew your state ID or driver’s license, you must present two of the following documents:
Filing for divorce can be strenuous, but legally changing your name does not have to be. Although a name change after a divorce is not mandatory, it is a common choice. In the case of divorce, a divorce decree serves as your primary legal document for changing your name. In accordance with Missouri law, this will take a minimum of 30 days from the date the divorce petition is filed.
However, the divorce process can extend for months to years, depending on your individual circumstances. After the judge reaches a final judgment, both parties will receive a divorce decree, which provides detailed information about the divorce settlement. If the provision for a name change was included in your divorce decree, you can start updating your name with government agencies.
It is important to note that you will need to present a certified copy of the divorce decree from the circuit clerk to request name changes with government agencies. The cost for a certified copy can range between $0.25-$0.30 per page, depending on the county.
If a name change provision was not part of your divorce decree, you can try to amend it. First, speak to your attorney and contact the court that handled your divorce case to potentially modify the decree. Unfortunately, not all courts allow amendments, so if your request is denied, you will have to follow the name change process with a petition for a court order. Therefore, it is highly recommended to include name change requests in the divorce petition to save time and money.
Once you have proof of a name change in your divorce decree, you must notify the SSA to get a new social security card. After reception, you can use this document to update your state ID and Missouri driver’s license with the Missouri Department of Revenue for your duplicate license.
Outside of a civil union or divorce, there are many reasons why you may want a name change. In this case, you must file a petition for a court order with the reason for the name change petition.
Step 1: Have your fingerprints taken. Depending on the state, a fingerprint card may be needed to conduct a background check with the FBI. This may be a requirement if you were a resident of Missouri for less than five years.
Step 2: Fill out legal documents. You will need to fill out and sign a Missouri Petition for Change of Name and a Final Judgment Change of Name. However, be careful to avoid signing until you are standing before a notary.
Step 3: Notarize the petition. The Petition for Change of Name must be notarized. You can expect to pay a maximum of $5 per page or signature. It is also recommended to make copies for personal records.
Step 4: File the petition. You will need to go to your local Missouri county courthouse to file the required documents with the court clerk and pay all necessary fees to schedule your hearing. Depending on the county, the cost to file a petition can range between $100-$200. However, with proof of income, fees may be waived by filing a In Forma Pauperis, which is Latin for “in the manner of a pauper.” This form was established to eliminate financial barriers that would prevent access to the Missouri court system.
Step 5: Attend a name change hearing. In most cases, a name change hearing is not required. Nevertheless, it is important to remain vigilant in case of an objection regarding the reason or potential impact of your name change request. To prepare, bring all certified documents, IDs, and supportive evidence to your court hearing. The judge will remain open to any objections, and if the judge is in favor of the name change, the decree will be signed. It is highly recommended to consider hiring an attorney for name change hearings if further challenges arise.
Step 6: Get certified copies. Once the petition is signed and filed by the judge or local court, you will need to request certified copies to change your name with government agencies. Furthermore, it is mandatory to publish notice of your name change with your local newspaper. This announcement must be published once a week for three consecutive weeks in your county.
Step 7: Change the name with the government agencies. In addition to updating your name with the Social Security Administration and Missouri Department of Revenue, you will reserve the right to request an amended birth certificate with the Missouri Department of Health and Senior Services, Bureau of Vital Statistics.
Requesting a name change for a minor in Missouri is not out of the ordinary; in fact, it is quite common for parents to request a surname change after adoption or for children within blended families. However, both parents must provide consent for children under the age of 18.
Step 1: Get a certified copy of the minor’s birth certificate. The birth certificate will serve as a vital record that will provide detailed information, such as the minor’s place of birth, birth name, and birth parents.
Step 2: Have fingerprints taken. Although fingerprints are not mandatory in most states, depending on your length of residency, it may be a requirement for the parents or guardians of the minor. In the state of Missouri, if you have been a resident for less than five years, a fingerprinted background check may be requested.
Step 3: Fill out and notarize legal documents. You must fill out the Petition for Name Change of Minor Children form and get the petition with written consent from both parents notarized. Make sure copies are made to be used as legal documents to file the petition. It's important to note that a separate form, known as the Petition, Consent, and Order, for Parent’s Appointment as Next Friend, must be completed to appoint a parent as the “next friend” to represent the minor in court.
Step 4: File the petition. Take both petitions, copies, vital records, forms of ID, and fingerprint cards to file with the Circuit Court Clerk's office for the county where the minor resides. Make sure you are prepared to pay all required fees, which can vary depending on the county. Typically, you should expect to pay between $100-$200 in the state of Missouri.
Step 5: Get consent or serve notice to non-consenting parents. Unlike a petition for an adult name change, a name change petition for a minor requires consent from both parents. If one parent does not provide consent, this can lead to potential complications that can prevent name changes. In this case, the non-consenting parent must be served a copy of the petition with a notice before the hearing. However, if the parent can’t be found within 30 days before the name change hearing, the judge will have the option to deny or grant the petition without consent from the absent parent.
Step 6: Attend a name change hearing. Take all documents, necessary evidence, and a completed Final Judgment form to your court hearing. The judge will hear all objections, and if they agree to the name change, they’ll sign the Final Judgment. For added legal support, we recommend hiring an attorney.
Step 7:Get certified copies. Once the petition is signed and filed by the judge or court, remember to request certified copies.
Step 8: Change the name with the government agencies. Now that you have certified copies of your signed and court-approved petition, you can update with the Social Security Administration. The minor’s updated social security card is a legal document that can be used to provide further updates for additional forms of identification such as a new passport, state IDs, and vital records.
Once your name is legally changed, it is time to make it official. After visiting your local Social Security office, there are various areas you may consider updating your name, such as your banking information, online accounts, and current deeds or titles. In the case of a minor, updating legal name changes with their current school is a great place to start. For a full list, check out our complete name change checklist for further guidance.
Costs vary depending on the county. However, you can expect to pay between $100 and $200 to change your name in Missouri.
If there is evidence that the name change petition was filed to avoid legal obligations, can harm a third party, or is considered obscene, the judge may deny your request. Additionally, name changes for a minor can be denied if one parent does not provide consent.
Hiring a lawyer is not a requirement, but it is highly recommended to seek legal support to combat court hearing challenges.
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