Change Your Name in Colorado

Adults 18 years of age are older who have not been convicted of a felony under the law of any U.S. state or federal law may legally change their name by petitioning for a judicial decree. This Decree for Name Change serves as evidence of your name change. However, if you wish to change your name after marriage, divorce, or separation, you normally do not need a Decree of Name Change, as a certified marriage certificate, certified civil union certificate, divorce decree, and separation decree can all serve as evidence of your name change.

Steps

Changing Your Name Through Marriage

  1. Choose an acceptable name configuration. You are not required to change your last name after marriage but if you wish to do so, you are required by law in Colorado to adhere to certain guidelines. The acceptable name configurations for those wishing to change their name in Colorado after marriage are contained in State Administrative Rule 1 CCR-204-30 Rule 6.[1]
    • You can replace your existing last name with your spouse’s last name; or
    • You can add your existing last name as a second middle name and make your spouse’s last name your last name; or
    • You can replace your existing middle name with your existing last name and make your spouse’s last name your last name; or
    • Your spouse’s last name can replace your existing middle name and you can keep your existing last name; or
    • Your spouse’s last name can be added before or after your existing last name via a hyphen or space, and that hyphenated or spaced name becomes your last name.
    • If your chosen name consists of two last names, your spouse must use both last names.
  2. Obtain a certified copy of your marriage certificate or tribal marriage certificate. This certificate needs to be acquired from the relevant government office located in the U.S. city, county, state or territory where your marriage took place.
    • In the case of tribal marriage certificates, the certificate must be a certified tribal court marriage certificate with ‘a file registration number and BIA seal with the tribal name.’[2]
    • Note that foreign marriage certificates are not recognized by the State of Colorado, nor are Church documents. If you were married outside the U.S., contact your county clerk and recorder’s office, who will instruct you on how to acquire a certified Colorado marriage license, which can in turn be used to change your name.[3]
  3. Present a certified copy of your marriage certificate or tribal marriage certificate as evidence of your name change. This certificate serves as evidence of your name change. Visit the local offices of government agencies (e.g. the SSA) and private institutions (e.g. banks) to change your name in their records.
    • Begin by changing your name with the Social Security Administration (SSA) by visiting your nearest SSA Office and present your certified certificate as evidence that you have legally changed your name. You are required to change your name with the SSA before visiting the Colorado Division of Motor Vehicles (DMV).[4]
    • Your certified certificate may also be presented as evidence of your name change to the Colorado Division of Motor Vehicles (DMV) in order to obtain a new license or ID card that reflects your new name. Note that the Colorado DMV requires that all name changes are on file with the SSA before visiting the DMV office, and that it may take at least 24 business hours for your name change to reflect in the SSA records.[5]

Changing Your Name Through Divorce or Separation

  1. Request a prior name restoration in a divorce or separation petition. If you are filing for divorce or legal separation, the relevant forms will present you with the option of restoring your name to your prior full name (i.e. your name before marriage).
  2. Mark the appropriate question regarding name changes in the divorce or separation petition. In a Petition for Dissolution of Marriage or Legal Separation, Question 20 deals with name restorations. If you wish to restore your name to your prior full name, fill in this blank.
  3. File a petition for a Decree of Name Change if applicable. Note that in a petition for dissolution of marriage or legal separation in Colorado, it is only possible to restore your name to your prior full name. If you wish to adopt a new name, you must file a petition for a Decree of Name Change and follow all the necessary steps required of that process. These steps include requesting a criminal background check from the FBI and the CBI and completing the necessary forms. For more information, visit this website.
  4. Present your certified divorce or separation decree as evidence of your name change. If you choose the option of restoring your name to your prior full name in your dissolution of marriage or legal separation petition, your final certified dissolution or separation decree may serve as evidence of your name change. Visit the local offices of government agencies (e.g. the SSA) and private institutions (e.g. banks) to change your name in their records.
    • Begin by changing your name with the Social Security Administration (SSA) by visiting your nearest SSA Office and present your divorce or separation decree as evidence that you have legally changed your name. You are required to change your name with the SSA before visiting the Colorado Division of Motor Vehicles (DMV).[6]
    • Your decree may also be presented as evidence of your name change to the Colorado Division of Motor Vehicles (DMV) in order to obtain a new license or ID card that reflects your new name. Note that the Colorado DMV requires that all name changes are on file with the SSA before visiting the DMV office, and that it may take at least 24 business hours for your name change to reflect in the SSA records.[7]

Changing Your Name by Judicial Decree

  1. Read the form entitled Instructions for Filing a Change of Name. This form (JDF 432) is available for download here. This form contains important information with which you should familiarize yourself before beginning to fill out the appropriate petition forms. In particular, you should note that:
    • You must be 18 years of age or older to be eligible to file a petition.[8]
    • You must not have been convicted of a felony under the law of Colorado, the law of any other U.S. state, or U.S. federal law.[9]
    • You must be resident in the county in which you are filing your petition.[10]
    • Your petition will only be considered by the Court if a fingerprint-based criminal background check has been conducted within the 90 days before the filing of your petition.[11]
  2. Complete the required criminal background check. You are required to submit a criminal background check from the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI). The background check must be dated within 90 days of the day your petition is filed.[12] If you do not have such a background check on file, you must first complete these steps before filing your name change petition:
    • Call your local law enforcement office to be fingerprinted.
    • You will be given two fingerprint cards (one for the FBI and the other for the CBI) that contain a box labeled “Reason Fingerprinted” in the upper left hand corner. In that box, write “§13-15-101 Legal Name Change” because it is important that the CBI and FBI know that the requested background check is for a legal name change.[13]
    • Write your name, address, and date of birth on the fingerprint card unless the agency in question uses an electronic system. If the agency uses an electronic print system, leave the information blank, as the agency will input the information for you.[14]
    • Fill in the required application information form to be submitted along with the aforementioned fingerprint cards.
    • Mail one fingerprint card and applicant information form to the FBI at this address: Criminal Justice Information Services (CJIS) Division, Attn: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306. Be sure to provide a certified check or money order for the amount specified on the forms and be sure not to fold your fingerprint card. If you require assistance, contact customer service at (304) 625-5590.[15]
    • It is recommended that you wait 7-9 weeks after mailing your fingerprint card to the FBI to hand-deliver or mail the other fingerprint card to the CBI.[16] After waiting 7-9 weeks, mail or hand-deliver your fingerprint card to the CBI at the following address: 690 Kipling, Denver, Colorado 80215. Be sure to include a money order if you are mailing your card. If hand-delivering, you may also pay by cash. For information on fees and other information from the CBI about background checks, visit the following website or call customer service at (303) 239-4208.[17]
    • If there has been a felony conviction recorded against your current name in Colorado or any other state and you believe that the conviction is inaccurate but is reflected in the FBI or CBI reports, you will need to arrange for certified copies of any dispositions (note: a disposition is a final determination by a court of a criminal charge) to be presented to the court when filing your name change petition. Contact the agency where such disposition(s) occurred to arrange for certified copies.[18]
  3. Complete a Petition for Change of Name (Adult). The forms are available in PDF and Word formats and may be completed online or printed first and completed in black ink.[19]
    • Complete all sections of the form except for the signature line for now.
    • Identify as ‘Exhibit A’ the FBI and CBI conducted criminal background checks and attach them to the petition. If you have any criminal disposition documentation, identify these as ‘Exhibit B’ and attach them to the petition.[20]
    • Sign the petition in the presence of a notary public or court clerk.[21]
  4. Complete an order for publication form. Fill out a form entitled Order for Publication for Change of Name (JDF 426). This form may be downloaded here. You can complete the form online (in PDF or Word formats) or print out and fill in black ink. Complete all sections of this form. If your petition is approved by the Court, the Judge or Magistrate will sign this order for publication.[22]
  5. Complete a public notice form. You must also complete a form entitled Public Notice of Petition for Change of Name (JDF 427). This form may be downloaded here. You can complete the form online (in PDF or Word formats) or print out and fill in black ink. You will submit this form to the local newspaper to publish notice of your name change if and when your petition is approved by the Court.
  6. Print a Final Decree for Change of Name. This form (JDF 448) may be downloaded here. Fill in the caption only. If your petition is successful, the Judge or Magistrate will sign this decree. You will receive this form upon proof that you have published your name according to the publication requirements.[23]
  7. File your petition. Visit the Court in the county in which you are resident in Colorado in order to file your petition and take the original forms with you. Present the forms and pay the required filing fee. If you have not signed your petition in the presence of a notary public, you will do so at this time in the presence of a court clerk. You may be required to present a self-addressed stamped envelope to the Court.[24]
  8. Prepare for your hearing. There may be a hearing required of you. If so, you will be asked questions about your requested name change by the Court.[25]
  9. Publish your proposed name. After your Order for Publication is entered, you must publish your proposed name at least 3 times within 21 days from the date the order is published in a newspaper by using the form JDF 427 discussed above. You will be excused from this publication requirement if you have been the victim of domestic violence, domestic abuse, or other violent crime, as provided by the relevant statutes.
    • The relevant statutes that cover those situations in which a party is excused from the publication requirement are §18-6-800.3(1) (available here), §18-6-401, C.R.S. (available here), and §13-14-101(2), C.R.S.
    • Read these statutes carefully if you believe you are covered by any of these exemptions.
    • Seek help from a qualified attorney if necessary.
  10. Collect your final decree. Once you submit proof of publication to the court, you can obtain a signed copy of the Decree for Name Change from the Court. Proof of publication may include copies of the newspaper in which you published your notice of name change. If you are exempt from publication, you will receive your final decree once ordered by the Court. Certified copies of the decree are available for a fee.[26]
  11. Present your final decree as evidence of your name change. Your Decree for Name Change serves as evidence of your legal name change. Visit the local offices of government agencies (e.g. the SSA) and private institutions (e.g. banks) to change your name in their records.
    • Begin by changing your name with the Social Security Administration (SSA) by visiting your nearest SSA Office and present your Decree for Name Change as evidence that you have legally changed your name. You are required to change your name with the SSA before visiting the Colorado Division of Motor Vehicles (DMV).[27]
    • Your decree may also be presented as evidence of your name change to the Colorado Division of Motor Vehicles (DMV) in order to obtain a new license or ID card that reflects your new name. Note that the Colorado DMV requires that all name changes are on file with the SSA before visiting the DMV office, and that it may take at least 24 business hours for your name change to reflect in the SSA records.[28]

Changing the Name of a Minor

  1. Make sure the child is eligible for a name change. Generally, a minor child may not have her name changed in the state of Colorado if she was adjudicated a juvenile delinquent for an offense that would constitute a felony if she had been charged as an adult.[29]
  2. Choose the right court. You must file your petition in the court of the county where the minor child lives.
    • However, if the child is the subject of an action concerning child support or parental obligations such as custody or visitation, the petition must be filed in the same court as the court handling that action.[30]
  3. Download and review your forms. Before you begin filling out the forms to have the child's name changed, the Colorado courts recommend you read through the forms and instructions to make sure you understand all the information you will need to provide.[31]
  4. Get a fingerprint-based criminal background check. The court may provide you with two fingerprint cards for the FBI and the Colorado Bureau of Investigation. You must submit these cards along with a written request for a criminal background report from both entities.[32]
    • If the court does not provide you with two fingerprint cards, you can get them from your local sheriff's office.[33]
    • You will have to pay fees to the CBI and the FBI for your background reports. The FBI charges $18; the CBI charges $16.50.[34]
    • Expect to wait up to 13 weeks for the FBI request to be processed, and up to four weeks for to receive results from the CBI request.
    • The report must be processed within 90 days prior to the date you file your petition to change the minor child's name.[35]
  5. Complete the necessary forms. Colorado provides a packet of forms you might need. Depending on your case, you may not need all of them, but you will need the main petition.
    • The petition provides information about the name change, including the child's full legal name and the proposed name, along with the reason for the proposed name change.[36]
    • Depending on the circumstances, you also may need to include consent forms filled out by the non-custodial parent, or notice forms certifying to the court that the non-custodial parent knows about the name change hearing.[37]
  6. Get consent from the non-custodial parent. If the minor child has a living non-custodial parent, you must either get written consent to the name change from that parent, or serve that parent with a notice of the hearing so they have the opportunity to explain to a judge why they don't approve of the name change.[38]
  7. File your petition with the appropriate court. You must file your petition in county court, unless the child is the subject of a custody or child support case, in which case you must file in district court.
    • If you file in county court, you must pay a filing fee of $100. If you file in district court, you must pay a filing fee of $227. If you cannot afford to pay these filing fees, you may file a request to have the fees waived. Your request will be reviewed by the court to determine whether you can proceed without paying fees.[39]
  8. Serve the non-custodial parent. If the child's non-custodial parent does not consent to the name change, you must serve them with a notice of hearing so they have the opportunity to contest the name change before a judge.[40]
  9. Publish the proposed name change. You must publish the proposed name change in the paper to provide public notice of the name change and give any interested member of the public the opportunity to attend the hearing and argue against the name change.[41]
  10. Attend the hearing on your petition. At the hearing, the judge may ask you questions regarding the reasons you wish to change the minor child's name.
    • The judge also may question the minor child regarding the name change.[42]

Related Articles

References

  1. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  2. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  3. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  4. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  5. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  6. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  7. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  8. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  9. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  10. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  11. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  12. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  13. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  14. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  15. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  16. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  17. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  18. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  19. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  20. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  21. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  22. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  23. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  24. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  25. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  26. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=241
  27. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  28. ↑ https://www.colorado.gov/pacific/dmv/change-your-name
  29. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  30. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  31. ↑ https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=26
  32. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  33. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  34. ↑ https://www.colorado.gov/pacific/cbi/fees-and-forms
  35. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  36. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  37. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  38. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  39. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  40. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  41. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
  42. ↑ https://www.courts.state.co.us/Forms/renderForm1.cfm?Form=235
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