Change Your Name in Idaho

Whether you’ve recently married or divorced, are tired of people misspelling your name, or just feel like you’ve gone as far as you can in life as “John Smith,” you may be interested in changing your name. In the state of Idaho, you have several options to complete this process. After legally changing your name, however, you also have to remember to update your various forms of identification, financial and insurance accounts, and so on.

Steps

Changing Names by Court Petition

  1. Know the benefits and requirements of a legal name change. It may seem like too much trouble to go through all the paperwork, fees, and a court appearance in order to change your name, but it is worthwhile to make the change you prefer official.
    • Idaho, like many other states, permits you to change your name simply by consistently using that new name, but that type of change won’t likely be accepted by the Social Security Administration, your financial institutions, or even the state Department of Motor Vehicles for your driver’s license. Official, certified documentation of a name change is they way to go.
    • In order to use the standard process to petition for a name change as an adult in Idaho, you must be 18 years old, reside in the state, not be a registered sex offender, and not be attempting to avoid creditors or debts.[1]
  2. Procure the necessary forms. This is a government process, so expect some paperwork, fees, and waiting time in order to make your name change official. The four forms you need, which are available online or from your county courthouse, include:[2]
    • Petition for Name Change (NCA 1-1). This is in essence your application form, in which you provide information about yourself, your reason for desiring a name change, and the new name you wish to have. The form must be signed and stamped by a state-licensed notary public who witnesses your signature. Notaries can be found at bank branches, car dealerships, standalone offices, and at various other businesses.
    • Notice of Hearing (NCA 1-2). This form provides information on your hearing date, case number and location. Most of it will be filled in by the county clerk.
    • Name Change Letter for Publication (NC 1-3). This form, along with the Notice of Hearing, provides information to be published, by your request and at your expense, in a local newspaper that circulates within (or barring that, nearby) your county of residence. This may seem quaint, but advertising the proposed change in a newspaper is required by law.
    • Order for Name Change (NCA 8-1). This is the document the judge will sign and which orders your name to be legally changed (or not). If approved, this form (or any certified copies thereof) will be your key to changing your name at the Social Security Administration, DMV, and so on.
  3. File the paperwork at your county courthouse. Fill out each of the forms as indicated (but not areas specified for the clerk and/or judge) and file them with the clerk at the courthouse of the county in which you reside.[3]
    • Make one additional copy of your Petition and two additional copies of your Notice to file with the originals.
    • The clerk will give you a hearing date (at least six weeks after the filing date) and sign the relevant forms and copies.
    • You will be required at this time to pay a filing fee, currently $166.[4] You may also apply for a fee waiver at this time, however, if you have a financial hardship.
  4. Publish notice in a local newspaper. Contact a newspaper in your county, or, if your county lacks one, a paper nearby. The county clerk should have information on available papers. Provide the paper a signed, completed copy of the Letter for Publication and the Notice of Hearing.[5]
    • The notice must appear in the newspaper once a week for four consecutive weeks, prior to your hearing date.
    • Publication fees are your responsibility.
    • Once your notice has run four times, make sure the newspaper provides you with an Affidavit of Publication or sends it directly to the clerk. If it is given to you, file it with the clerk before your court date.
  5. Attend your court hearing. Arrive early just in case, confirm your room number, and wait for your name and case to be called. Make sure you bring the following with you:[6]
    • The Order for Name Change, plus the Affidavit of Publication if you have not already filed it with the clerk.
    • A photo ID with your current name.
    • Any additional documents related to your request, such as evidence regarding your current status on the sex offender registry, if relevant.
    • You may be questioned under oath by the judge, so answer truthfully.
    • The judge will sign your request whether it is granted or denied. If it is granted, you can request additional copies of the Order from the clerk for a small fee. Obtain at least two copies now, because you will use them to change your Social Security card and driver’s license.
  6. Know the minor differences in the process if you are a minor. If you are under age 18, the name-change process itself is quite similar, but the paperwork is different. Also, at least one parent or guardian must approve of the change.[7]
    • A name change for a minor requires forms NCM 1-1 or 1-4 (Petition); NCM 1-2 or 1-5 (Notice); NCM 8-1 or 8-2 (Order); and NC 1-3 (Publication).
    • If only one parent signs the petition and plans to attend the hearing, the judge will likely require the other parent to sign a Parental Consent form (NCM 2-1) or be served with the Petition (NCM 1-1 or 1-4) and an Affidavit of Service (NCM 2-2 or 2-3).
    • A non-consenting parent has the right to attend the hearing.

Changing Names by Marriage or Divorce

  1. Don’t assume your name has changed through marriage or divorce. While becoming less common for a variety of reasons, the tradition of one spouse taking the other spouse’s last name is still the expectation for many after marriage. This (or any other) type of name change after marriage is not automatic, however, and requires some relatively simple but necessary actions on your part.
    • Likewise, divorce does not automatically revert a changed last name to the pre-marriage last name in Idaho. Again, a simple but necessary process must be taken.
  2. Use your marriage license as valid proof for a name change. An official, certified copy of your marriage license is sufficient cause in Idaho to undergo a name change. No separate decrees or court orders are required.
    • Idaho marriage licenses are issued by the county recorder. You must both go together, provide valid photo IDs and Social Security numbers, and pay approximately $30 in cash only (the fee varies by county and even by day). There is no waiting period or expiration date for the license. Persons under age 18 require parental consent, and under 16 require permission from the court.[8]
    • According to the Social Security Administration, a certified Idaho marriage license is sufficient for either spouse to change his/her name to a) the other spouse’s last name, or b) a hyphenated combination of both.[9]
    • Unlike some other states, it does not appear that a marriage license alone can be used to change a last name to one that is not a) or b) above. See Method One in this article for that process.
  3. Change your name as part of your divorce decree. In Idaho as in most states, the easiest way to change your name due to divorce is to make it a part of the divorce decree itself. When done this way, no separate legal actions or fees are necessary.
    • Divorce in Idaho requires a good deal of paperwork, including a Petition for Divorce, all of which is available online or at the county courthouse. The filing fee is $137. The waiting period from petition to divorce decree is at least 20 days for an uncontested divorce, and likely six months for a contested divorce. The petitioner must have lived in Idaho for at least the past six weeks. An attorney is not necessary but recommended.[10][11]
    • On general divorce decree forms that are valid in most if not all U.S. states, there is normally a section (at number nine on the example cited here) that authorizes a name change as part of the decree.[12]
    • This process, however, entitles you only to revert to your maiden name or another former legal name. Otherwise, you will have to undertake a separate legal process, as described in Method One of this article.
  4. Use your official marriage license or divorce decree as your legal authorization to make additional name-change measures. One of these documents, along with proof of your previous legal name, should be all that is required to change your name on your Social Security card, Idaho driver’s license / ID card, and other such changes.
    • See Method Three of this article for useful information on making these changes.

Changing Identification Documents

  1. Change your name on your Social Security card first. First, that is, after you possess a marriage certificate, divorce decree, or court order. Taking this step before moving on to your driver’s license and other identity documents makes the process much easier.
    • Visit a Social Security Administration office, and bring the following: completed Form SS-5 (Application for a Social Security Card, available at the office or online);[13] a certified name change document (marriage license, divorce decree, or court order); a valid, government-issued photo ID; and proof of citizenship (birth, citizenship, or naturalization certificate). The full list of acceptable documents is available online.[14]
    • You can also complete the process by mail, if you send certified copies of the certificates (not just photocopies of them).
  2. Change your driver’s license or state ID card. This can be done only in person at an Idaho Department of Motor Vehicles (DMV) office. Bring the following:
    • Your current license / ID card.
    • Your certified name-change document (same as in previous step).
    • A form of payment (the fee is $15).
    • You can also find information about changing your voter registration card and your vehicle title and registration at the DMV office or online.[15]
  3. Change your name on your bank accounts, then move on to credit cards, utilities, and so on. With a certified name-change document, a new Social Security card, and a new driver’s license, the process should be simple — if likely more time-consuming than you’d prefer.
    • You should be able to change your name on bank accounts by providing your certified name-change document and new driver’s license; you may also need your new Social Security card as well, so bring it along.
    • The list of notifications you need to make after this point depends upon the particulars of your life. Lists of common stops on the name-change parade are available online.[16]
    • Also available online are numerous sites that offer to do the name-changing drudgery for you, usually for about $30 and above.

Related Articles

References

  1. ↑ http://www.idaholegalaid.org/node/2215/name-change-self-help-forms
  2. ↑ http://www.courtselfhelp.idaho.gov/name-changes#
  3. ↑ http://www.courtselfhelp.idaho.gov/name-changes#
  4. ↑ http://www.courtselfhelp.idaho.gov/filingfees
  5. ↑ http://www.courtselfhelp.idaho.gov/name-changes#
  6. ↑ http://www.courtselfhelp.idaho.gov/name-changes#
  7. ↑ http://www.courtselfhelp.idaho.gov/name-changes#
  8. ↑ http://www.idaho.gov/family-records/marriage/
  9. ↑ https://secure.ssa.gov/poms.nsf/lnx/1502712015
  10. ↑ http://www.courtselfhelp.idaho.gov/family-related#
  11. ↑ http://www.divorcenet.com/resources/uncontested-divorce-idaho.html
  12. ↑ https://www.ilrg.com/forms/divorce-nc-setag/us/id
  13. ↑ http://www.socialsecurity.gov/forms/ss-5.pdf
  14. ↑ http://www.socialsecurity.gov/pubs/EN-05-10513.pdf
  15. ↑ http://www.dmv.org/id-idaho/changing-your-name.php
  16. ↑ https://www.theknot.com/content/name-change-101
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