Change Your Name in Montana

These are instructions for changing your name in the State of Montana under the provision 27-31-101, which allows a resident to change their name for any public or private institution after marriage, after divorce, or for any reason legal under law.

Steps

Changing Your Name After Marriage or Divorce

  1. Get a marriage certificate. Apply for marriage license and complete the ceremony within thirty days. Apply with the your county clerk of court. The officiator of your wedding will send the signed license in to be recorded within ninety days, after which you will receive a marriage certificate.[1]
  2. Get a divorce certificate. After a divorce has been finalized, you may apply for a copy of the certificate with the clerk of courts that filed the divorce. The Montana Department of Public Health and Human Services can help you obtain your divorce certificate.[2]
  3. Change your name with the Social Security Administration. Complete the SS-5 form. Gather certified copies of marriage or divorce or annulment certificate. Bring the completed SS-5 form and certified copies of marriage or divorce certificates along with a Montana driver's license, state ID, or passport to the SSA office. You will also need a U.S. birth certificate, U.S. citizenship certificate, or work authorization letter and I-94.
    • You can also apply by mail by mailing your documents to your local SSA office along with the SS-5 form; your documents will be mailed back to you.[3]
    • You will receive your documents and new social security card with your new name by mail.
  4. Change your name on your driver's license or state ID. Appear in person at a Montana MVD office. You will have to surrender your current driver's license or state ID and present legal proof of your name change, such as a court order, marriage certificate, or divorce decree. After getting a new picture taken and signing for your new license, you will pay a $10 replacement fee.[4]

Changing Your name for Other Reasons

  1. Fill out a Name Change Petition. You will need to download and completely fill out a Montana Name Change Petition, which allows you to apply for your new name. Fill out the forms completely and have them notarized.[5]
    • Notaries are available at banks and are often free of charge for bank customers.
  2. Submit Name Change Petition and other forms. You will need to submit your petition along with the Order Setting Name Change Hearing and Notice of Name Change Hearing with the top portions filled out (the judge or clerk of district court will fill out the rest). Submit with the required filing fee to the Clerk of District Court’s office in your county courthouse along with a self-addressed, stamped envelope. Check with the court ahead of time to see what the filing fee is and be sure to make copies for yourself.[6]
    • If you cannot afford the filing fee, you may be able to ask the Clerk of District Court for an Affidavit of Inability to Pay.
    • Ask the clerk of court to send two copies of the Order Setting Hearing after it is signed by the judge. You may be charged a fee for the copies unless you have an Order of Inability to Pay from the judge. Give the copies to the clerk of courts to stamp "filed" and keep in a safe place.
  3. Publish your Notice of Hearing on Name Change. The judge will fill out your Order Setting Name Change Hearing, telling you when and where your hearing will be held. This form will also include instructions for notifying the public about your hearing. The judge or the clerk of district court, then, will fill out the Notice of Hearing on Name Change. You must publish the notice in the newspaper for four weeks before your hearing.[7]
    • Get a receipt or other proof of publication to keep with your forms and bring to your hearing.
  4. Fill out your Order for Name Change form. Fill out the Order for Name Change form as completely as you can. The judge will sign this form after your hearing and fill in any blanks. Be sure to make a copy of the completed form.[8]
  5. Attend your hearing. Bring all forms with you to your hearing. Dress as you might for a job interview and arrive at the courthouse 15 minutes before your scheduled hearing time. Check with the clerk of court's office to find out which courtroom your hearing is being held in, go to the courtroom, and wait for the judge to call your name and case number. Address the judge as "Your Honor."[9]
    • The judge may ask you to explain why you are changing your name.
  6. Take your signed Order for Name Change to the Clerk of District Court. You may want to ask for copies of the signed form. The clerk will file the form. At this point, ask for several certified copies of the order. You will need certified copies to change your name on your driver's license, birth certificate, and social security card.[10]

Changing the Name of a Child Under 14 Years Old

  1. Complete Petition for Name Change (Child) form and Consent to Name Change of Minor Child form. The Petition for Name Change (Child) form begins the process with the court to getting your child's name changed. Fill in all the blanks and sign and date the form. The Consent to Name Change of Minor Child form lets the court know that both of the minor child's parents agree to the name change. If the child has legal guardians, they must also fill out this form. If both parents do not agree on the name change, a Notice of Hearing on Name Change of Minor Child form will be required.[11]
  2. Prepare Order Setting Hearing form and Notice of Hearing on Name Change forms. Fill out the Order Setting Hearing form as completely as you can. After filing, the judge will complete this form to let you know when and where your hearing will be held. The Notice of Hearing on Name Change form will be required for you to publish notice of your child's name change hearing if both parents do not agree on the name change. You will also need to prepare the Order for Name Change form, which the judge will sign upon finalizing the name change.[12]
  3. Copy and file forms. Make copies of the Petition for Name Change (Child), Consent to Name Change of Minor Child, Notice of Hearing on Name Change of Minor Child, Order Setting Hearing, and Order for Name Change forms. After copying, bring the forms to the Clerk of District Court’s office in your county courthouse. Ask the clerk to conform your copies and give him or her a self-addressed, stamped envelope to use to mail them to you. You may have to pay applicable filing and/or copy fees.[13]
  4. Publish a Notice of Hearing on Name Change. The Order Setting Hearing that you will receive after filing your forms will tell you where you must publish a Notice of Hearing on Name Change. This will be a newspaper publication once per week for four consecutive weeks. You will need a receipt or affidavit from the newspaper verifying that you have published the notice in accordance with the law.[14]
  5. Attend the hearing. You will need to attend the hearing on your child's name change, during which the judge may ask you and the child some questions. Upon ordering the name change, the judge will sign the Order for Name Change, which you should bring to the Clerk of District Court. You may want to get several certified copies while you are there.[15]

Tips

  • Have your marriage certificate if just married.
  • Have your divorce decree if just divorced.

Warnings

  • Must be at least 18 years of age.

Related Articles

References

  1. ↑ http://www.usmarriagelaws.com/search/united_states/montana/
  2. ↑ http://dphhs.mt.gov/vitalrecords.aspx
  3. ↑ http://www.socialsecurity.gov/forms/ss-5.pdf
  4. ↑ http://www.dmv.org/mt-montana/changing-your-name.php
  5. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/adult_name_change.pdf
  6. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/adult_name_change.pdf
  7. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/adult_name_change.pdf
  8. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/adult_name_change.pdf
  9. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/adult_name_change.pdf
  10. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/adult_name_change.pdf
  11. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/child_name_change.pdf
  12. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/child_name_change.pdf
  13. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/child_name_change.pdf
  14. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/child_name_change.pdf
  15. ↑ https://courts.mt.gov/Portals/189/library/forms/name_chg/child_name_change.pdf
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