Change Your Name in New Mexico

There are many reasons you may want to change your name. An adopted child may want to return to their birth name or you want to go back to your maiden name after a divorce. Regardless of the reason, the state of New Mexico allows anyone over the age of 14 to personally ask the court to legally change their name.

Steps

Preparing to File Your Case

  1. Verify your eligibility to file to change your name. Before you file your name change petition, you must be at least 14 years old, have lived in the state of New Mexico for at least six months, and the county where you will file for at least 30 days. [1]
  2. Determine where you will file your name change petition. You must file at the courthouse in the county where you live even if another courthouse is closer. For example, if you live in Logan, you will file your petition at the Quay County courthouse in Tucumcari. If you are having trouble identifying which court you should go to, contact the New Mexico Court Administration Office.
  3. Be ready to pay the fees. You do not have to have an attorney to change your name, but you must pay the filing fee. These fees change often, so contact the court clerk to verify the current fee. Also ask about payment methods. Each court has its own rules on payment and many courts do not accept personal checks or credit cards. A money order or cash in the exact amount may be your only options.
  4. Gather your information. To fill out the application to change your name you will need your current address, phone number, exact current legal name (first, middle, last,) and the exact name in the exact spelling you want to change it to (first, middle, last.) Put some thought into this. Once you file, you can't change your mind without having to dismiss and start over. If you start over, you will lose the filing fee.
  5. Choose the publication newspaper. Between the time you file your request and go before the judge, you have to publish your intent to change your name in the newspaper that serves your town. If you don't have a local paper, go to the nearest paper. Every county has a newspaper that is designated for legal notices. Contact them and find out the cost of the notice.

Completing Your Name Change Petition

  1. Choose a method to prepare your application. There are several choices in preparing your name change petition to file with the court.
    • LawHelp Interactive, a free service offered by Legal Services Corporation, the national legal aid service, is a way to create personalized petitions and other court documents. To access this you need a computer with reliable Internet connection, Adobe Flash, Microsoft Word, and access to a printer.
    • Many courts offer fill-in-the-blank documents for purchase. Contact the court clerk and ask if a name change package is available.
    • You can type or neatly print your own in dark ink if you have a sample to reference.
    • Contact an attorney or document service to discuss the cost of preparing the documents for you to take to court. For a low fee, the bar association of New Mexico will set up a meeting with an attorney in your area. [2]
  2. Prepare your court documents. Depending on the method you choose, you will fill in your current exact legal name, address, and desired exact legal name. Your package needs to include the Petition, a Scheduling Notice for the court to set your hearing, a Notary Verification sheet, and a Final Order for the judge to sign in court. It is your responsibility to provide the court with all the documents. An incomplete package may be rejected by the clerk.
  3. Sign the petition and other documents. You will need to sign your with your current legal name in front of a Notary Public. Do not use your desired new name. Blue ink is preferred for the original copy because it will stand out from the copies.
    • Make at least one copy of all your documents before you go to the courthouse. The court will require the originals and one set of copies.

Filing and Publishing Your Name Change Petition

  1. File your documents with the court clerk at the county courthouse. At this time you must pay the filing fee. When you file your documents, they become part of the public record. The clerk will assign a case number, a judge, and add the official stamp of the court. Once the petition is filed, you can't change it without difficulty, so make sure you've double-checked all the information. After you receive your copy of the file-stamped documents, keep them in a safe place. If you lose them, the court may charge you for another copy.
  2. Request a hearing date. This is the day you will appear in front of the judge to formally ask to change your legal name. The date must be at least three weeks from the filing date so you can publish your case in the newspaper for at least two consecutive weeks.
  3. Arrange for publication of your intent to change your name. The cost for this is not included in your filing fee. The newspaper will need the information from the petition: your name, court hearing date, etc. Your notice must run at least once per week for two consecutive weeks. [3]
  4. Submit your proof of publication for at least two consecutive weeks to the court before your hearing. The easiest way is to buy a paper, clip out the notice, and tape it to a sheet of paper with your name and case number. The newspaper may also have a form you can file with the court. Take the original proof of publication and at least one copy to the court clerk before your hearing.

Attending Your Court Hearing

  1. Dress neatly and be on time to court. Bring your copy of your file-stamped documents and proof of publication. [4]
    • Leave yourself plenty of time for traffic, parking, and finding your courtroom.
    • Arrange for someone to watch your children. Many judges will not allow young children in the courtroom.
    • Turn off your cell phone, or better yet, leave it in the car.
    • Your purse and pockets are subject to search at any time. Leave all pocketknives, pepper spray, etc. in the car. Firearms owners should contact the courthouse or sheriff for local rules regarding weapons in the courtroom.
  2. Be ready to answer the judge. When the clerk calls your name, come forward to the table or podium. The judge will ask a few basic questions about your petition such as your name, address, reason for changing your name, and verifying your requested new name. Speak loud and clear so the recorders or court reporter can hear you. No need to be nervous. If you don't understand a question, ask the judge to explain.
  3. Receive your name change order. When the judge signs the order changing your name, you must take it to the court clerk for filing. You will receive a file stamped copy of the judge's order that you are free to copy as many times as you need to submit to get a new birth certificate, drivers license, etc.

Tips

  • The full text of the New Mexico law on name changes can be found in sections 40-8-1 through 40-8-3.
  • Residents of Santa Fe, Rio Arriba, and Los Alamos counties can download a name change package online. It is still recommended that you contact the clerk about the correct filing fee.
  • If you cannot pay the filing fee, ask the court clerk about the fee waiver process. Typically, this requires you to complete a financial statement with your income and expenses.
  • If publishing your name change petition in the paper could result in personal danger, New Mexico law allows you to ask the court to waive publication and seal the records. You must be able to show the risk and explain it to the judge. For example, an abusive spouse or parent.

Warnings

  • The judge will refuse name change requests that are intended to avoid debts, child support, and other legal obligations. You must be honest if the judge asks about these issues. Lying to the court court result in criminal charges.
  • If someone objects to your name change, they may show up in court. The judge will listen to both sides. Stay calm and answer the judge's questions. Do not be rude while the other person is speaking.

References

  1. ↑ http://www.newmexiconamechangelaw.com/requirements.asp
  2. ↑ http://www.nmbar.org/nmstatebar/Directory/I_Need_a_Lawyer/Lawyer_Referral/Nmstatebar/For_Public/Lawyer_Referral.aspx?hkey=01ad738c-10c6-4158-a31c-a651839e98a3
  3. ↑ http://law.justia.com/codes/new-mexico/2011/chapter40/article8/section40-8-2/
  4. ↑ http://www.peoples-law.org/tips-how-behave-court
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