Change Your Name in Nevada

If you live in Nevada and you wish to change your name (after a marriage, divorce, on behalf of a minor child, or for other reasons), certain steps must be followed to accomplish the name change properly and legally. Nevada name change law is governed by Sections 41.270-290 of the Nevada Revised Statutes.[1] While Nevada does not provide fillable forms online that may be submitted to any court within the state, the requirements for name changes are fairly straightforward.

Steps

Finding Your District Court and the Applicable Paperwork

  1. Find your local district court. In Nevada, the local courts for each county are known as 'district courts.' To find your district court, go to the following website and click on your county: [2] The link will take you to your court's website, which will provide information such as the court's address, phone numbers, and operating hours, and might provide additional information you may need to submit the name change paperwork.
  2. Locate applicable name change paperwork. Since the State of Nevada does not provide specific name change forms online, you will need to locate or create the documents yourself.
    • Call or visit the court clerk and ask him/her to provide you with name change forms, if they exist. Even if your county district court does not use formal name change forms, the clerk will be able to provide you with a list of necessary information to include in a document you can create yourself, and may also be able to share sample documents with you that you can amend to suit your purposes.
    • Visit your local legal aid center or online legal aid resource for assistance. For example, if you live in Clark County, you can access free name change forms. [3]
    • Download forms from an online resource. Several websites provide legal forms online and offer services such as allowing you to download the forms, helping you complete the forms, and even filing the forms for you. Note that you will almost certainly have to pay to use these services. If you choose to use one of these services, you should check with the Better Business Bureau or another business evaluation firm to ensure the website is legitimate.
  3. Calculate your application fees. Application fees may range depending on your circuit court. Call or visit your court clerk to get an approximation of the fees you will need to pay to file your name change paperwork.
  4. Gather other relevant materials. If you are seeking a name change after a marriage, locate your birth and marriage certificates. If you are seeking a name change after a divorce, locate your birth, marriage, and divorce certificates. For a minor, locate the minor's birth certificate. If one or both of the minor's biological parents are deceased or have terminated parental rights, locate that documentation. If you seek a name change for any other reason, make sure you have your birth certificate in hand.

Submitting the Paperwork - Adult Name Change

  1. Check the requirements. Before submitting your documents, make sure you fulfill all the requirements for an adult name change. [4]
    • The petitioner must file the petition with the district court in the county in which he/she resides.
    • The petitioner must have lived in the county of petition for at least the past six weeks, and must intend to live there for the foreseeable future.
    • The petitioner must be over 18 years of age at the time of the petition.
    • The petitioner must have proper and reasonable cause for the name change.
    • The petitioner must not be seeking a name change to avoid debt, defraud creditors, or other nefarious reasons.
  2. Fill out the petition. The petition (whether you obtain one through an online resource or create one yourself) requires information such as current full name (birth name), proposed full name, parental information, address, and a certification that the petitioner does not seek the name change for fraudulent purposes. Do not sign the petition.
  3. Get the petition notarized. Bring your completed petition to a notary public. You will sign the petition in front of the notary, who will attest to your signature. You may need to pay a small fee for the notary's service. Notaries can commonly be found in the following places:
    • Banks
    • Post offices, UPS Store, etc.
    • Law offices
  4. Bring the paperwork to court. Take two copies of the petition, Civil Cover Sheet (if required by your county), Notice of Petition (if required by your county), Request for Summary Disposition and Declaration in Support (if required by your county), and an Order, the required fees, a self-addressed stamped envelope, and supporting documentation to your district court. Check any instruction forms that go with the paperwork to make sure you've completed everything to the best of your ability. Make at least two copies of your paperwork, and save a copy for your records. The clerk of court will tell you if you need to provide additional information to complete your paperwork.
  5. Give public notice of your potential name change. Nevada law requires that an adult seeking a name change must publish a notice in a local newspaper of general circulation immediately after filing the paperwork with the court. The notice must be published at least once a week for three consecutive weeks.
  6. Submit proof of publication to the court clerk. The newspaper will provide an affidavit to you, and you must file the affidavit, attached to a copy of the published notice, with the district court.
  7. Wait ten days. If no one objects to your proposed name change within ten days after publication, the court will likely sign the order. If someone objects to the proposed name change within ten days, then the court will schedule a hearing.
  8. Be prepared to receive a hearing date. Most of the time, courts will grant name changes "on the papers," which means without requiring an in-person hearing. But if the court receives an objection to the name change, or if the court suspects the name change is being sought for an improper purpose, the court may order a hearing, which you will have to attend. If the court orders a hearing, consider consulting with an attorney to make sure you are prepared.

Submitting the Paperwork - Minor Name Change

  1. Check the requirements. Before submitting your paperwork, make sure you, as the adult petitioner, fulfill all the requirements to request a minor's name change. [4]
    • The adult petitioner typically must be one of the minor's biological parents. If both biological parents are deceased or have terminated parental rights, then the minor's "next friend" (person legally entitled to submit the petition on the minor's behalf) may be permitted to prepare the petition. Check with the clerk of your county district court to ensure that is permissible.
    • The adult petitioner must file the petition with the district court in the county in which he/she and the minor child reside.
    • The adult petitioner and minor child must have lived in the county of petition for at least the past six weeks, and must intend to live there for the foreseeable future.
    • The adult petitioner must be over 18 years of age at the time of the petition.
    • The minor child must be 17 years of age or younger at the time of the petition.
    • The petitioner must have proper and reasonable cause for the name change.
    • The petitioner must not be seeking a name change to avoid debt, defraud creditors, or other nefarious reasons.
    • Both biological parents should join the petition if possible. If one of the biological parents refuses to join or cannot be located, the applicant must serve that parent with notice of the application, and the court will order a hearing if the non-joining parent objects. The court may waive the hearing if the applicant provides evidence that alerting the non-joining parent could seriously threaten harm to the minor or petitioner if he/she found out about the proposed name change.
    • Check with the clerk of your county district court to determine whether a guardian ad litem or consent will be required.
  2. Fill out the petition. The petition (whether you obtain one through an online resource or create one yourself) seeks information such as the minor’s current full name (birth name), proposed full name, parental information, address, and a certification that the petitioner does not seek the name change for fraudulent purposes. Do not sign the form.
  3. Get the petition notarized. Bring your completed, unsigned petition to a notary public. You will sign the petition in front of the notary, who will attest to your signature. You may need to pay a small fee for the notary's service. Notaries can commonly be found in the following places:
    • Banks
    • Post offices, UPS Store, etc.
    • Law offices
  4. Bring the paperwork to court. Take two copies of the petition, Family Court Cover Sheet (if required by your county), Notice of Petition (if required by your county), Parent’s Consent (if required by your county), Child’s Consent (if required by your county, and usually only when the minor is 14 or older), Request for Summary Disposition and Declaration in Support (if required by your county), Proof of Service on Other Parent (if required by your county), and an Order, the required fees, a self-addressed stamped envelope, and supporting documentation to your district court. Check any instruction forms that go with the paperwork to make sure you've completed everything to the best of your ability. Make at least two copies of your paperwork, and save a copy for your records. The clerk of court will tell you if you need to provide additional information to complete your paperwork.
  5. Give public notice of the minor’s potential name change. Nevada law requires that a petitioner seeking a name change for a minor must publish a notice in a local newspaper of general circulation immediately after filing the paperwork with the court. The notice must be published at least once a week for three consecutive weeks.
    • Some counties may permit you to file a Request to Waive Publication, which allows you to bypass the publication requirement if it is in the best interest of the child. If you are concerned for the safety of the minor child (or yourself) by publishing the proposed name change, ask your court clerk about this option.
  6. Submit proof of publication to the court clerk. The newspaper will provide an affidavit to you, and you must file the affidavit, attached to a copy of the published notice, with the district court.
  7. Wait eleven days. If no one objects to the proposed name change within eleven days after the last publication, you may ask the court to review the petition via a Request for Summary Disposition or a ‘Prove-Up’ hearing. If someone objects to the proposed name change within eleven days, then the court will schedule a hearing.
  8. Be prepared to receive a hearing date. Most of the time, courts will grant name changes "on the papers," which means without requiring an in-person hearing, especially if both biological parents agree to the change. But if the court receives an objection to the name change, or if the court suspects the name change is being sought for an improper purpose, the court may order a hearing, which you will have to attend. If the court orders a hearing, consider consulting with an attorney to make sure you are prepared.

Finalizing the Name Change

  1. Receive the court order. If the court approves the name change on the papers, or if the name change is approved after a hearing, the court will mail the signed order to you in the envelope you provided. This will likely take several weeks, and possibly two months or more. The name change is official when you receive the signed order.
  2. Understand that the name change will be public. The court's order will show both the old and new names and the applicant's current address. This information will become public record unless the judge waives publication to ensure the petitioner's or minor child's safety. If you are concerned about safety, note this on the petition and/or at the hearing.
  3. Complete name change forms with other government agencies. This includes the Social Security Administration, the Department of Motor Vehicles, and other applicable government agencies. The court's order will not automatically change your name with any other government agency. You must complete the necessary paperwork yourself.
    • For example, instructions for changing your name with the Nevada DMV are located here: [5]

Tips

  • Note that when forms are fillable online, you typically cannot save information typed into them. If you can print the forms immediately after typing the information, then do so. If you need some additional time to fill out the forms, print the forms first, then neatly hand-write the information in them.
  • If you have questions about the name change process, are unable to complete the application forms yourself, or if the court denies your name change application, consult an attorney familiar with name change law in Nevada.
  • Be sure to check your district court's website to ensure there are no additional requirements that must be met before submitting the name change paperwork.
  • Note that while most courts grant name changes as a matter of course, they are not required to do so. Each judge may use his/her discretion when deciding whether to grant a name change. This is especially true when the petitioner is incarcerated, on probation, has been convicted of a felony, is a registered sex offender, or the court finds it is not in a minor's best interest to grant the name change.
  • Err on the side of providing too much information, rather than too little. You can attach a written explanation to the petition so the court can determine that you have good cause for seeking the change.

Related Articles

Sources and Citations

  1. ↑ https://www.leg.state.nv.us/NRS/NRS-041.html
  2. ↑ http://nvcourts.gov/Find_a_Court/District_Courts/
  3. ↑ www.familylawselfhelpcenter.org/forms/name-change-forms#adult
  4. ↑ 4.0 4.1 www.nevadanamechangelaw.com/requirements.asp
  5. ↑ http://www.dmvnv.com/namechange.htm
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