Change Your Name in Maryland

Maryland residents may change their names simply by using a different name in daily interactions with other people. For example, if your first name is Mary, but you want to be called Marie instead, all you have to do is tell people to call you Marie. However, if you want to legally change your name on your driver's license, Social Security card and other government documents, you must file a petition in court.[1]

Steps

Changing Your Name Due to Marriage

  1. Apply for a marriage license. Before you get married, you must apply for your license in the county where the ceremony will be taking place. If you don't have a license, your marriage won't be legally valid.
    • The clerk will issue your license when you file your application and pay the fee, but the license doesn't take effect until the second calendar day after it's issued.
    • Since fees vary among Maryland counties, you should contact the clerk in the county where you plan to be wed.
    • The application includes information such as full legal name, date and place of birth, place of residence, Social Security number and marital status of both parties to be wed.
    • Once you've filed your application, your license is valid for six months.
  2. Have your ceremony. Whether you choose an elaborate ceremony or a simple civil court hearing, your wedding officiant will complete your license and distribute it according to instructions on the form.[2]
  3. Start using your new name. If you choose to take your spouse's last name, or if you both want to use a hyphenated combination of both last names, you can start using it immediately after your ceremony.
  4. Obtain a certified copy of your wedding certificate. To get your name changed on government-issued documents such as your driver's license or your Social Security card, you must present a certified copy of your wedding certificate.
    • Fill out the Request for Copy of a Maryland Marriage Record and turn it in to your county's clerk of courts along with the required fee.
    • Present the certified copy at your local Social Security office to get your name changed on your Social Security card. After you've changed your name on your Social Security card, you can get your name changed on your Maryland driver's license and anywhere else.[3]

Changing Your Name due to Divorce

  1. Fill out the Complaint for Absolute Divorce. If your divorce is simple and uncontested, you may not need an attorney. However, you should consult with an attorney if you have children, own joint property, or if your spouse is contesting the divorce.
    • In most circumstances, you and your spouse must be separated for 12 months before you can file for divorce.
    • The complaint form includes a line for returning to your former name if you want to do so.
    • Neither spouse can force the other to change names.
    • You can amend your documents up to 30 days before your hearing is scheduled if you neglected to include name change information when you filed.[4]
  2. File the complaint in the circuit court of the county where you live. Depending on the circumstances of your marriage and divorce, you may have to attach additional documents to your complaint to prove statements you've made in your complaint.
    • You also are responsible for serving the complaint on your spouse. Your county clerk has forms for service of process.
    • If you do not know your spouse's whereabouts, the clerk can assist you with other methods that provide notice of the complaint.
  3. Request a hearing or default ruling. If your spouse does not answer your complaint within 30 days (extended to 60 days if he lives outside the state of Maryland, or 90 days if he lives in another country), you can request a default ruling in your favor. Otherwise you must request a hearing.
  4. Appear in court for your divorce hearing. The judge will ask if you want to return to a former name. If you do, the judge will include this order in your final divorce decree.
    • In your Judgment of Absolute Divorce, the judge will specify that one or both spouses is returning to a former name. [5]
    • The name must be one you’ve actually used in the past, not a new name.
  5. Obtain a certified copy of your divorce decree. Once your divorce is finalized, you must show a certified copy of the decree to get your name changed on any government-issued documents such as your Social Security card or your driver’s license.[4]

Filing a Name Change Petition

  1. Fill Out and File Petition. If you want to change your name for reasons unrelated to marriage or divorce, or if you want to change your first or middle name, you must fill out a Maryland Name Change Petition.
    • You cannot change your name for an illegal or fraudulent purpose, or change your name to one that would interfere with someone else’s rights. For example, you may be an Elvis impersonator, but you likely would not be allowed to legally change your name to Elvis Presley.[1]
    • Your petition should be filed in your county’s circuit court, along with a copy of your birth certificate, a Notice for Publication and an Order for Change of Name. If your birth certificate doesn’t show your current name, you can attach another official document that shows the name you want to change from, such as your Social Security card or your driver’s license.
    • Each county charges a filing fee, which you must pay when you submit your petition and documents to the clerk.
    • You must be at least 18 years old to file a name change petition in Maryland. If you are under 18 and wish to change your name, you must file a Petition for Change of Name (Minor). Minors also must get written permission from their parent or guardian.[6]
  2. Publish notice of your petition. Before the judge will sign the order changing your name, you must have it published in your county’s newspaper of record to give anyone an opportunity to object to your name change.
    • In some counties, it’s up to you to contact the appropriate newspaper and have the notice published, while in others the clerk of court will do this for you. The clerk will tell you which procedure is followed in your county, and which newspaper to use.
    • Publication of your notice can be expensive. The newspaper will send you an invoice, which you must pay in full before the newspaper will publish your notice.
    • The newspaper will send you confirmation when your notice is published. Some newspapers send this confirmation to both you and the clerk of court, while others only send it to you. It remains your responsibility to ensure the clerk has received confirmation of your notice’s publication.
  3. Have your petition considered. After the clerk receives confirmation that your notice has been published, she will send your petition to a judge for review. Provided everything is in order and no one has objected to your name change, the judge will sign the order.
    • If anyone objects to your name change for any reason, you have 15 days to respond to the objection and file a request for hearing.
    • If no one objects, there is no reason to request a hearing. You will receive a certified copy of your order in the mail.
  4. Show certified copies to change your name. Once the judge has signed the order, you must take your certified copy of the order to local offices to have your name changed on government-issued documents such as your driver’s license and your Social Security card.[7]

Tips

  • Get more than one certified copy of any legal documents and keep them in a safe place, so you have them if you need them again in the future.
  • When you change your name, use it consistently.
  • Once you’ve changed your name, whether through marriage, divorce or court order, have your name changed on all identification documents, at school or work, and with banks or creditors immediately to avoid confusion.

Related Articles

Sources and Citations

  1. ↑ 1.0 1.1 http://www.peoples-law.org/name-change-adult
  2. ↑ http://www.courts.state.md.us/clerks/queenannes/marriage.html
  3. ↑ http://www.mva.maryland.gov/About-MVA/INFO/26300/26300-38T.htm
  4. ↑ 4.0 4.1 http://www.peoples-law.org/name-change-upon-divorce-or-marriage
  5. ↑ http://mdcourts.gov/family/forms/ccdrin020.pdf
  6. ↑ http://mdcourts.gov/legalhelp/family.html#namechange
  7. ↑ http://mdcourts.gov/family/forms/drin60.pdf
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