Change Your Name in Arkansas

In Arkansas, adults can change their name for a variety of reasons: after a marriage, after a divorce, or for other personal reasons. To legally change a name, you must complete and submit a number of official documents, and in some cases, appear in court for a hearing. Changing your name can take awhile and will include a number of bureaucratic hoops to jump through, but it can be done with a bit of perseverance, patience, and attention to detail.

Steps

Changing Your Name Because of Marriage or Divorce

  1. Complete your marriage or divorce. In Arkansas, you have the opportunity to change your name during the normal proceedings of becoming married or getting a divorce, and you may not have to apply separately for a court-ordered name change.
    • If you want to change your name because of marriage, you should make sure to complete your marriage license and any other forms necessary to finalize the marriage. These documents can then be used as proof of your name change for other purposes, such as getting a new Social Security card and driver's license. You do not have to petition the court to change your last name because of marriage.
    • If you want to change your name because of divorce, there will be an opportunity to address this during the court proceedings for the divorce. Your divorce decree can then be used as proof of your name change for other purposes, such as getting a new Social Security card and driver's license.
    • If you do not request to change your name while filing for a divorce, but want to afterwards, you will have to go through the process petitioning to change your name as an adult. You will list the divorce as your reason for requesting the name change.[1]
  2. Apply to change your name with the Social Security Administration. Go to your local Social Security office and show proof of your legal name change (your marriage license or your divorce decree), proof of your identity (for example, a passport and/or driver's license), and proof of U.S. citizenship (such as a birth certificate),[2]
    • A new Social Security card will then be issued to you with your new name. You can then use this as proof of your name change for general reasons.
  3. Apply for a name change on your driver's license. Take your current driver's license, proof of age and identification (such as a passport), and your proof of marriage or divorce to the Office of Driver’s Services. If you have the correct documentation, they will issue you a new driver's license with your new name.
    • There is a $10 fee for a replacement license with a new name.
  4. Change your name on all other documents and accounts. Some accounts you will need to change include (but are not limited to): bank and credit card accounts, mortgages, car titles, voter registration, passport, and doctor's offices. Contact the relevant offices or agencies for instructions on changing your name in their records.

Petitioning to Change Your Name for Other Reasons

  1. Choose a valid reason for changing your name. Aside from changing your name because of marriage or divorce, you can change your name for personal reasons, provided you have court approval to do so. These include: if you dislike your current name, if you want to change for religious reasons, or if you want to take a partner's name without marrying. These are all common reasons for electing to change your name, but the court will decide to approve or deny the request.
    • The reason you state for wanting to change your name will be the primary factor in determining whether or not a judge grants the request, so you want to write this clearly.[3]
    • The process for changing a name has many steps, and requires a number of official documents. While you can complete the process on your own, if you do not fully understand or know how to complete each of the steps, you should contact an attorney for advice and representation.
  2. Review the information on how to petition to change your name in Arkansas. The state law of Arkansas dictates that a name change may be granted to anyone who petitions to do so in writing, and provides a reason for the name change.[4] This means that you will need to create a document called a “petition for change of name” and submit it to a court for approval.
    • You can find templates for a petition to change your name via the Arkansas Legal Services Partnership’s website.[5]
    • You must be 18 years or older to request a name change.[6]
    • The petition should contain specific information, including the county you live in, the court you are filing with, your current full name, and the name you want to change to.[7] Make sure you have this information ready before you begin writing your petition for change of name.
  3. Write your petition for change of name. Enter the exact name you would like to change to. Your petition should clearly state the new name you would like. You must be absolutely sure to spell this new name correctly. If you do not, it will be recorded incorrectly and you will have to go through the process again to change it.[8]
  4. Format your petition. Judges prefer petitions to be typed so that they are easier to read. A suggested format is to type and print your petition on standard 8 ½ x 11 paper, with 1-inch margins. Use a conservative font such as Times New Roman.[9]
    • If you are unable to type and print your petition, then use clean, plain paper and write very neatly.
  5. Take your completed petition to a notary public. You will need to sign your petition in front of a notary public. He or she will then officially notarize the document.[10]
    • There will probably be a small fee (approximately $10) for the notarization.
    • You can search for a notary public near you by going to the Arkansas Secretary of State’s website.
  6. Complete the Cover Sheet for Civil Court. This is a standard form that will be used for filing your petition for a name change with the Arkansas court system. This simply contains your name and contact information, and tells the court clearly what your application is in regards to. You can download and print a Cover Sheet for Civil Court from the Arkansas Judiciary’s website.
  7. Print an “Order of Name Change.” This is a document a judge will sign to approve your name change. You must supply this document to the court along with your petition to change your name. The document states that you have petitioned for the name change, what your new name is, and that the request has been entered and granted (if applicable) by the court.
    • You can find a template for the “Order of Name Change” via the Arkansas Legal Services Partnership’s website. Print this template out, fill it in with your specific information (including your current name and the new name you would like), and include it with your petition when you file it at court.[11]
  8. Take the petition and 3 copies to your local county court. Make three copies of your completed, signed, and notarized petition (including cover sheet) and deliver them along with a printed “Order of Name Change” to the court clerk in the county you live in. You will file your petition with this court.
    • It is a good idea to keep an additional copy of your petition for your records, and in case anything happens to the original.
    • You can find your local court by going to the Arkansas Judiciary’s website.
  9. Pay the filing fee. In order to petition to change your name, you must pay a filing fee to the court that covers the costs of the process. The basic fee is $140. If there are special services needed, the fee may be more.[12][13]
    • Typically, you can pay by cash, credit card (Visa, Mastercard, Discover, or American Express), check (in-state), or money order.
  10. Go to your local Social Security office. Ask for a new card by showing proof of your legal name change (your court documents), proof of your identity, and proof of U.S. citizenship (government issued documents like a passport, birth certificate, and driver's license can establish this).[14]
  11. Apply for a name change on your driver's license. Take your current driver's license, proof of age and identification (such as a passport), and your proof of marriage or divorce (if applicable) to the Office of Driver’s Services. If you have the correct documentation, they will issue you a new driver's license with your new name.
    • There is a $10 fee for a replacement license with a new name.
  12. Contact Arkansas Vital Records to request information about changing your name on your birth certificate. You can call Vital Records (800-637-9314), or visit their website for more information. Normally you will need an attorney to make a request for a name change on a birth certificate. These requests can be denied.[15][16]
    • If you were born in a different state, you will need to contact the Bureau of Vital Records in that state in order to change your name on your birth certificate, as there may be different requirements.
  13. Change your name on all other documents and accounts. Some accounts you will need to change include (but are not limited to): bank and credit card accounts, mortgages, car titles, voter registration, passport, and doctor's offices. Contact the relevant offices or agencies for instructions on changing your name in their records.

Changing a Child's Name

  1. Determine if you are able to change the child's name. The law in Arkansas requires that you be the child's parent or legal guardian of a minor (under 18) to change his or her name.[17]
    • It can be tricky to change a child's name in Arkansas, so consider talking to a family law attorney to make sure everything is done properly.
  2. Determine whether you need a court order. If you only wish to correct a minor error in your child's name, such as a misspelling, you can apply directly to the Arkansas Office of Vital Records for the change. In most other cases, you will need a court order to issue a name change, including in the following situations:[18]
    • Creating a new birth certificate after adopting a child
    • Changing the child's surname
    • Changes to the name other than typographical errors
  3. Provide the necessary information. The state of Arkansas does not require a specific form for a name change process.[19] You must simply provide a document that provides all the required information. You can find a sample form from Arkansas Legal Services here. You can fill out the appropriate form and bring it to court. In your document, you must provide the following information:[20]
    • Your name
    • The child's current name and the name that you wish to change it to
    • The county in which the child lives
    • Your relationship to the child
    • The reasons for changing the child's name
    • A statement that the other parent or parents of the child consent to the change
    • A statement that you are not seeking name change for fraudulent purposes
    • Your local contact information, including address and phone number
    • Whether you are represented by an attorney or pro se (representing yourself)
  4. Get consent from the interested parties. If you are a parent of the child, you must show that the other parent consents to the name change. If you are the child's legal guardian, you must show that both parents consent, if possible.[21] You can obtain a sample consent form from Arkansas Legal Services here.
    • If the parent(s) consent, ask them to sign the Waiver of Notice, Entry of Appearance, and Consent to Name Change form provided by ALS. This acknowledges that the other person has been notified of the name change process and consents to the change without needing to appear in court.
    • This statement must be notarized, meaning the other parent must sign the document in the presence of a notary.
    • If you cannot get the other person to consent, consider hiring an experienced legal mediator or family law attorney to help you.
  5. Provide the necessary notification. If you do not know where the other parent or parents live, you must still make every effort to notify them of the name change.[22] This can usually be done through "publication," in which you publish a notice about the pending name change in a publicly circulated newspaper for a certain number of weeks. Please contact your county courthouse for the requirements where you live.
    • If you know where the other parent lives but it is too far to personally appear, you may send notification via certified mail. You can find the form for this type of notification here.
  6. Fill in the Order for Change of Name. You will need to bring this with you when you petition for your child's name change. You can find a sample order here. Do not sign it until you are in the presence of the judge at your hearing.
    • The judge will sign the Order if s/he approves your petition. The order will take legal effect after it is signed.
  7. File the forms in the county where the child lives. The application to change your child's name should be filed in the county where the child lives. Make several copies of the filled-out forms. Go to your Clerk of Court at your county courthouse with the forms you have filled out.
    • You will need to pay a filing fee. If you cannot afford this fee, there are sometimes payment plans or waivers available for low-income parties. Ask your Clerk if this is an option for you.
    • Make sure the Clerk stamps the copies you have made and returns them to you. Retain these for your records.
  8. Attend a hearing, if necessary. Because the name change is for a minor, you are likely to be required to attend a court hearing. Get the date and time of your court hearing from the Clerk of Court. Make sure you are on time to the hearing.
  9. Change the child's name on legal documents. You will need to change the child's name on legal records, such as the birth certificate, the child's passport, and the child's driver license if the child is of driving age (but under 18).
    • You may wish to retain an attorney for this process, as it can be complicated and official resources in Arkansas are scarce.[23]

Changing Your Name and Gender Assignment

  1. Get a letter from a doctor stating you have undergone sexual reassignment surgery. In Arkansas, if you want to change your name and gender assignment on legal documents, you will need a letter from a doctor stating that you have undergone sexual reassignment surgery.[24]
    • This letter should confirm the date of your medical procedure and be signed, dated, and notarized.
  2. Apply for a court-ordered name change. Follow the steps above in the method "Changing your Name as an Adult." You will need a copy of the court order approving your name change in order to get your name and gender changed on your birth certificate and your driver's license.
  3. Change your name and gender on your birth certificate. Contact the Arkansas Office of Vital Records once you have the court-ordered name change. You will need to provide the letter from the court and the letter from your doctor. The state of Arkansas will then issue an amended birth certificate.
  4. Change your name and gender with the Social Security Administration. You will need to complete an Application for a Social Security Card and include with it proof of your legal name change (court order of change of name), proof of your identity, and proof of U.S. citizenship (government issued documents like a passport, birth certificate, and driver's license can establish this).[25]
    • On the Application for a Social Security Card you will need to specify that you want a "corrected" social security card under "type of card."
    • Gender details do not appear on social security cards, but to change your gender filed with the Social Security Administration, you can show a state-issued amended birth certificate, a physician’s letter certifying clinical treatment, or a ten-year U.S. passport showing the appropriate gender marker.[26]
  5. Apply for a name change on your driver's license. Take your current driver's license, proof of age and identification (such as a passport), and court order of a name change to the Office of Driver’s Services. If you have the correct documentation, they will issue you a new driver's license with your new name and your correct gender assignment.
    • There is a $10 fee for a replacement license with a new name.
    • You may want to bring all associated documents with you when you go to the Office of Driver’s Services, in case you are asked for more verification.
    • Change your name on all other documents and accounts. Some accounts you will need to change include (but are not limited to): bank and credit card accounts, mortgages, car titles, voter registration, passport, and doctor's offices. Contact the relevant offices or agencies for instructions on changing your name in their records.

Tips

  • Changing the name of a minor will be more complex.[27] To protect the child and your interests, it may be a good idea to hire a family law attorney to walk you the process.
  • If your name change is denied for any reason, you can most likely appeal and ask for your request to be considered again. For the best chance of this, you should consult an attorney immediately (there is often a limit on how long you can wait to appeal).


Related Articles

References

  1. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  2. ↑ http://www.ssa.gov/pubs/EN-05-10513.pdf
  3. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  4. ↑ http://www.lexisnexis.com/hottopics/arcode/Default.asp
  5. ↑ http://www.arlegalservices.org/namechange
  6. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  7. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  8. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  9. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  10. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  11. ↑ http://www.arlegalservices.org/namechange
  12. ↑ http://www.arlegalservices.org/files/FSNamechangeDirections.pdf
  13. ↑ http://www.sebastiancountyar.gov/Departments/Circuit-Clerk/FAQ-Clerk
  14. ↑ http://www.ssa.gov/pubs/EN-05-10513.pdf
  15. ↑ http://www.healthy.arkansas.gov/programsServices/certificatesVitalRecords/Pages/ChangingBirthandDeathCertificates.aspx
  16. ↑ http://www.arlegalservices.org/files/FSBirthCertificate.pdf
  17. ↑ https://www.arlegalservices.org/files/FSNameChangeMinor.pdf
  18. ↑ http://www.healthy.arkansas.gov/programsServices/certificatesVitalRecords/Pages/ChangingBirthandDeathCertificates.aspx
  19. ↑ A.C.A. § 9-2-101 (2015) See: http://www.lexisnexis.com/hottopics/arcode/Default.asp
  20. ↑ https://www.arlegalservices.org/files/FSNameChangeMinor.pdf
  21. ↑ https://www.arlegalservices.org/files/FSNameChangeMinor.pdf
  22. ↑ https://www.arlegalservices.org/files/FSNameChangeMinor.pdf
  23. ↑ http://www.healthy.arkansas.gov/programsServices/certificatesVitalRecords/Pages/ChangingBirthandDeathCertificates.aspx
  24. ↑ http://www.lambdalegal.org/know-your-rights/transgender/changing-birth-certificate-sex-designations
  25. ↑ http://www.ssa.gov/pubs/EN-05-10513.pdf
  26. ↑ https://www.aclu.org/know-your-rights/transgender-people-and-law?redirect=lgbt-rights/know-your-rights-transgender-people-and-law
  27. ↑ http://www.arlegalservices.org/files/FSNameChangeMinor.pdf
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