Change Your Name in Massachusetts
Whether you just got married or are using a new name for personal reasons, the process of filing for a name change in Massachusetts is fairly straightforward. Different paperwork applies to different situations, and while the task can at first seem overwhelming, educating yourself going into the process can help things go smoothly.
Contents
Steps
Knowing the Necessary Information
- Know who can file to change their name. In the state of Massachusetts, name changes are only allowed in specific situations. You can only change your name if:
- You are 18 years old and want to legally change your name.
- You are a parent filing to change the name of a child.
- Be aware of certain restrictions when changing the name of a child. If you're changing the name of a child, the process is a little stricter and courts consider a variety of factors when considering your petition. These factors include:
- The length of time a child has gone by a given name
- The effect the name change will have on a child's relationship with parents and siblings
- The age of the child
- Any difficulties or embarrassments the child may face as a result of the name
- The personal preference of a child if they are of suitable maturity
- Gather the necessary documents. You will need certain documents ready if you want to change your name in Massachusetts. Make sure you know what you need and where to get it.
- You will need a petition for name change, known legally as Form CJ-P27. The PDF of this form can be downloaded at the Massachusetts Court System's web page.
- You will need a certified copy of your birth certificate. This is available at the Registry of Vital Records or from the city or town where you were born. Non-english birth certificates must include a translated copy signed by a professional interpreter.
- If your name has been previously changed by a court decree or marriage, either a copy of your amended birth certificate, your marriage license, or a copy of the court decree must be presented with the petition.
- If you're changing your name due to divorce, you need to file a certified copy of the divorce judgment.
Changing Your Name as an Adult
- Fill out the name change petition. In order to begin the process, you must first fill out the name change petition. It will ask for the following information:
- Your name, address, city, state, and zip code
- Your date and place of birth
- If you are married, your spouse's name and their date and place of birth
- Your reasons for changing the name
- Whether you've ever legally changed your name before
- Your new name
- The date
- Your signature
- File the petition and pay the fees. The forms and fees can be filed and paid in person or mailed to the court, depending on what is most convenient for you.
- Your name change petition should be filed to a Family and Probate Court in the county where you live. You can visit mass.gov to find a listing of Family and Probate Courts based on county to find the correct court.
- Local courts differ on the types of payments (cash, credit, debit, etc.) that they accept. It's best to call your court during operating hours to find out about accepted payment methods.
- Fees include a $150 filing fee, a $15 surcharge, a $15 fee for citation (notification) if required, and $100 filing fee if you're motioning to change your name during a divorce.
- If you cannot afford fees, you need to qualify under the federal poverty income guidelines and file an Affidavit of Indigency, which will explains your financial situation to the court so they can decide whether or not you can pay your own fees.
- Notify the public. The court may want you to notify the public that your petition has been filed. This is to make sure there is no confusion during the transitional phase.
- The citation for publication will be sent to you by the court, and you must arrange to have the citation published in a local newspaper. There will be an additional $15 fee for this.
- If you have good cause, such as personal safety concerns, you can file a motion to waive the publication and an affidavit (a sworn statement) stating why you do not wish to have this information published. You may have to go before the judge personally to explain your reasoning.
- Appearing in court. You will appear in person on the date set by the court to go over your petition.
- The judge will read your petition out loud and ask any questions he or she feels are relevant.
- If your petition is approved, the court will send you a certificate under the seal of the court establishing the new name.
- If your petition is not approved, the court will conduct a trial in which the petition will either be dismissed or the court will enter a decree permitting the requested name change.
- Understand the reasons a petition may be denied. There are a variety of reasons a judge may deny your petition. Be aware of these reasons before beginning the process of changing your name so you don't inadvertently cause your petition to be denied.
- A name change petition would be denied if you were changing your name to avoid judgments, legal actions, debts, or obligations.
- A person cannot change their name to defraud another person.
- A criminal record can affect your chances of legally changing your name. While some courts will still grant a petition if you have a lengthy legal record, but if the crime took place in recent history or if you are currently incarcerated the petition will likely be denied.
- Most states prohibit a name change that uses vulgarity, racial slurs, or anything designed to incite violence.
- Name changes are frequently denied if they cause undue confusion, such as using symbols or numbers.
Changing Your Child's Name
- Know if you can legally change a child's name. In order to legally change the name of a child, you must have legally custody of the child and the child must be under 18.
- Fill out the name change petition. In all cases regarding changing a child's name, a name change petition must be filled out. It will ask for the following information:
- Your name, address, city, state, and zip code
- Your date and place of birth
- If you are married, your spouse's name and their date and place of birth
- Names of the minor child
- Reasons for the name change
- The new name
- The date
- Your signature
- Fill out the Affidavit Disclosing Care and Custody Proceedings. This is a form that lets the court know if any other court is making decisions in regards to your child, and is required when filing a name change petition.
- Your name and address
- Your child's name and address
- Whether you know of any other care or custody proceeds regarding your child
- The status of any pending or concluding custody proceedings
- Your signature
It will ask for the following information:
- Notifying the other parent. If you do not live with the child's other parent, that parent must be notified of the name change petition.
- A copy of the petition needs to be sent to the child's other parent. If you do not know their current address, the petition can be sent to the last known address.
- If notice cannot be delivered to the other parent, you may be required to publish a notification in a local newspaper.
- If there's disagreement between parents on the child's name, the court will decide based on the best interest of the child. The factors considered in this process are listed above.
- Changing a child's name during an adoption process. If you are changing a child's name because of adoption, you will be required to list all the names a child is currently known by. There is also a separate affidavit that must be signed and notarized for adoption name change proceedings, that must include the following information:
- Your name and the names of all parties seeking adoption
- A statement that you are 18 years or older
- A statement that you wish to adopt the child
- The name of the child
- Where the child was born
- How long the child has resided with you
- A statement that you are able to provide support and stability to the child
- The requested name change of the child
Tips
- If just divorced, have your divorce decree ready going in as this will be a required document.
- Courts get backlogged easily, so have some patience. It might be a few months before the court gets to your petition.
- If just married, the court will probably want a copy of your marriage license.
Warnings
- Must be at least 18 years of age.
- You cannot change your name to escape legal obligations.
- If you have a lengthy criminal record, your name change petition may be denied.
References
- http://www.mass.gov/courts/selfhelp/name-changes/name-change-who.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-forms.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-forms.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-forms.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-forms.html
- http://info.legalzoom.com/legally-change-name-massachusetts-20237.html
- http://www.mass.gov/courts/selfhelp/family/paying-fees.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-fees.html
- http://www.mass.gov/courts/selfhelp/family/paying-fees.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-process.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-process.html
- https://www.legalzoom.com/knowledge/name-change/faq/name-change-petition-denials
- https://www.legalzoom.com/knowledge/name-change/faq/name-change-petition-denials
- http://info.legalzoom.com/reasons-not-grant-legal-name-change-21970.html
- http://info.legalzoom.com/reasons-not-grant-legal-name-change-21970.html
- http://info.legalzoom.com/reasons-not-grant-legal-name-change-21970.html
- http://www.mass.gov/courts/selfhelp/name-changes/name-child.html
- http://www.masslegalhelp.org/children-and-families/probate-and-family-court/aff-of-care
- http://www.mass.gov/courts/selfhelp/name-changes/name-child.html