Change Your Name in North Dakota

In the State of North Dakota, you can change your name for almost any reason. Changing your name at the time of your marriage or divorce is relatively easy. You can also change your name (or the name of a minor child) for other reasons by following a different process. With both methods, you will need to fill out the proper paperwork, get a new Social Security card, and change your name on all of your accounts.

Steps

Changing Your Name During Marriage or Divorce

  1. Choose a new name for yourself. Upon marriage, you might choose to keep your last name the same, take the last name of your partner, hyphenate your names, make your old last name your middle name, or some other combination that fits your family.[1] Similarly, upon divorce, you may wish to change your name back to what it was before.
    • This method may only permit you to change your middle and/or last name to the last name of either spouse, or combine your last names. If you would like to change your middle or last name to something else, or to change your first name, you may need to file a Petition for Name Change.
  2. List your new name on your marriage certificate or divorce petition. When you go to the courthouse to get your marriage certificate, the clerk should ask you if you would like to change your name. Make sure your full new name is listed on the marriage certificate.[2] Similarly, you can request that the court change your name back to your prior name in your divorce paperwork.
    • If you have already obtained your marriage certificate and it does not include your name change, you will need to use the court system to change your name.
  3. Change your name on your Social Security card. Once you have received a court order changing your name, your next step will be to obtain a new Social Security card, which will require you to fill out a form and either deliver it to a Social Security Administration office or mail it in with the required documents.[3]
    • Download and complete the application for a new Social Security card, available online.
    • Gather your paperwork together. You will need your court order, birth certificate, photo ID (driver's license, passport, or state ID card) and a completed application for a new Social Security card.[4]
    • Submit your documents to the Social Security Administration. You can make an appointment to change your name in person, or you can mail in the appropriate documents. All original copies will be mailed back to you with a receipt.[5]
    • You can find the address for the Social Security office nearest you via a locator on the Social Security Administration website.[6]
    • Your new card should arrive within 10 business days from the date on your receipt.
  4. Change your name on your driver's license or state ID card. Visit your local DMV with your court order to receive a new license.[7] You will have to pay a $3 to have a new license printed.[8]
  5. Change your name on all your other documentation. Here is a short list of what you might consider:[9]
    • Bank accounts
    • Credit cards
    • Leases or mortgages
    • Car title
    • Voter registration
    • Medical offices
    • Post office boxes
    • Passport

Petitioning For A Name Change

  1. Meet the residency requirement. To change your name in North Dakota, you must have been a resident of the county in which you will file your Petition for Name Change for at least 6 months.[10]
  2. Choose your new name carefully. Legally changing your name is a serious decision, so you should make sure that you choose a name that you like enough to keep. Before beginning the process of changing your name, practice signing it and have a few people close to you call you by that name, to make sure you like it.
  3. Make sure your new name will be legal. You will not be able to change your name if your new name would defraud or mislead others, cause injury to someone, compromise public safety, or the change is otherwise requested in bad faith.[11] There are several other reasons why you might be denied a name change, including any of the following:[12]
    • You are avoiding bankruptcy by pretending to be someone else.
    • Your new name violates a trademark (e.g. changing your name to "Chuck E. Cheese" or "Adidas Batman").
    • The name uses numbers or symbols (except Roman numerals).
    • The name includes obscene words.
    • If you are having trouble determining if your name change is legal, or need legal assistance with this process, hire an attorney. Legal self-help centers may also available to help with name changes, and legal fees may be waived if you demonstrate sufficient financial need. Search online to see what legal aid resources are available in your community.
  4. Fill out and publish a Notice of Petition for Name Change. North Dakota courts generally require those petitioning for name changes to publish a notice of the Petition in their county's official newspaper.[13] This ensures that potential creditors and other interested parties have a chance to object to the Petition. To do this, fill out a Notice of Petition for Name Change, then contact your county newspaper and ask how to get your Notice published.
    • Leave the case number section blank. You will not be issued a case number until you file your documents with the court.
    • To complete the court and county information, enter the name of the court and the county where you will file the Petition. You can find court locations and contact information here.
    • Your Notice must appear in the newspaper at least 30 days prior to your court date.
    • Keep a copy of the newspaper in case the judge asks for proof that you published your Notice.
    • You can ask the judge to waive the publication requirement if you are only requesting a change of your first or middle name, or if you are a victim of domestic violence. The judge may deny your request.[14]
  5. Complete a Petition for Name Change. To get a court order officially changing your name, you must fill out a "Petition for Name Change." You can download the form here. The form is also available at the district court clerk's office.
    • Leave the case number blank. You will not be issued a case number until you file your forms with the court clerk.
    • You must wait until your Notice of Petition for Name Change has been published in a newspaper before you can complete section 5, unless you indicate that you are requesting that the judge waive the publication requirement.
  6. Complete an Order Granting Name Change. This is a "proposed order," which you must fill out and submit with your paperwork. If the judge grants your Petition, he or she will sign and date the Order. You can download the form here. Do not sign and date the form yourself. That space is for the judge to fill.
  7. Fill out an Affidavit of Identification and have it notarized. This form is used by the court to verify your identity before granting your Petition. You can download the form here. Fill out the form and sign it in the presence of a notary public. The notary will also sign and stamp the form. Bring a valid form of identification, such as a driver's license or passport, to verify your identity.
    • To find a notary online, visit the Notary Public Directory.
    • You can also find a notary public by visiting your local bank. Most banks do not charge a fee for notary services if you are a bank customer. If you are not a bank customer, you can use the bank's notary service for a small fee.
  8. File your documents. Bring your documents to the court clerk's office at the courthouse. Use this directory to locate your local courthouse. The clerk will stamp your documents and issue a case number.
    • The clerk will ask you to pay a filing fee. The fee in North Dakota is $80 as of 2007.[15]
    • Present a valid photographic identification.
  9. Attend your hearing, if required. The judge has discretion to grant a name change petition without a hearing. If the clerk notifies you that you need to attend a hearing before a judge, you will need to appear in court at a later date. The judge will ask you about your reasons for changing your name to make sure that your new name is not fraudulent or misleading.[16] Answer the judge's questions clearly and honestly.
    • If your petition is denied, get a copy of the denial order and try again.
    • If the judge approves your request, you will be granted a name change court order.
  10. Change your name on other documents. Change your name on your Social Security card, driver's license, bank accounts, medical records, passport, leases, car title, and others, as applicable.
    • To get a new Social Security card, locate your local office here. Mail this application or deliver it in person, along with the court order, birth certificate, and photo ID.
    • To change the name on your driver's license, visit your local DMV with your court order. You will be required to pay at $3 fee for a new driver's license.

Petitioning to Change the Name of a Minor Child

  1. Meet the residency requirement. To change the name of a minor child, the petitioner and child must have been residents of the county in which the Petition will be filed for at least six months.[17]
  2. Choose a new name for the child. Common reasons for changing a minor child's name include marriage, partnership, or divorce of the parents, and adoption. A child's name can be changed for other reasons as well.
  3. Fill out and publish a Notice of Petition for Name Change. You must have a Notice of Petition for Name Change published in the official newspaper of your county. This ensures that other parents and interested parties have a chance to object to your Petition. To do this, fill out a Notice of Petition for Name Change, then contact your county newspaper and ask how to get your Notice published.
    • The Notice must appear in the newspaper at least 30 days before your court date.
    • Keep a copy of the newspaper in case the judge asks for proof that you published your Notice.
    • If the child has a non-custodial parent living in a different county (or whose last-known address is in a different county), then you must also have the Notice published in the official newspaper of that county.
  4. Serve the Notice of Petition for Name Change on any non-custodial parent. If the child has a non-custodial parent, you must mail a completed copy of the Petition to the parent at his or her last-known address. You must mail the Notice within 10 days after the publication of the Notice in the county newspaper.[18]
  5. Complete a Petition for Change of Name of a Minor Child. You can download the form here. The form is also available at the district court clerk's office. You must provide your reasons for petitioning to change the child's name in section 4.
  6. Complete a Confidential Information Form. The other court forms only use the child's initials for purposes of confidentiality. You must provide the child's full name and proposed new name on the Confidential Information Form, which the court will keep separate from the public record. You can download the form here.
  7. Complete an Order Granting Change of Name. If the judge grants your Petition, he or she will sign and date the Order. You can download the form here. Do not sign and date the form yourself. That space is for the judge to fill.
  8. Fill out an Affidavit of Petitioner and have it notarized. This form is used by the court to verify your identity before granting your Petition. You can download the form here. Fill out the form and sign it in the presence of a notary public. The notary will also sign and stamp the form. Bring a valid form of identification, such as a driver's license or passport, to verify your identity.
    • To find a notary online, visit the Notary Public Directory. You can also utilize a notary's services at your local bank.
  9. Fill out an Affidavit of Service by Mail and have it notarized. By signing this form, you verify that you mailed a completed copy of the Notice of Petition for Name Change to a non-custodial parent within 10 days of the date on which the Notice appeared in the county newspaper. You can download the form here. Sign the form in the presence of a notary public, who will also sign and stamp the form. If the child does not have a non-custodial parent, disregard this step.
  10. File your paperwork with the court clerk. If a hearing is required to inquire into the reasons for the name change or to permit another parent to object, the clerk will give you a court date.
  11. Change the minor child's name on other documents. Change the child's name on Social Security cards, driver's licenses, bank accounts, medical records, passports, and others, as applicable.
    • To get a new Social Security card, locate your local office here. Mail this application or deliver it in person, along with the court order, birth certificate, and photo ID.
    • To change the name on the child's driver's license, visit your local DMV with the court order and pay a $3 fee to have a new license printed.[19]



Warnings

  • This article is intended as legal information and does not provide legal advice. If you need legal advice, contact a licensed attorney.
  • Keep your old identification, just in case.

Related Articles

References

  1. ↑ http://www.kiplinger.com/article/credit/T065-C006-S001-5-choices-for-changing-your-name-after-marriage.html
  2. ↑ https://www.theknot.com/content/name-change-101
  3. ↑ https://www.theknot.com/content/name-change-101
  4. ↑ http://www.ssa.gov/online/ss-5.pdf
  5. ↑ http://www.ssa.gov/forms/ss-5.pdf
  6. ↑ https://secure.ssa.gov/ICON/main.jsp
  7. ↑ http://www.dot.nd.gov/divisions/driverslicense/addnamechange.htm
  8. ↑ http://www.dot.nd.gov/divisions/driverslicense/addnamechange.htm
  9. ↑ http://family.findlaw.com/marriage/how-to-legally-change-your-name.html
  10. ↑ http://www.legis.nd.gov/cencode/t32c28.pdf?20150629175318
  11. ↑ http://www.legis.nd.gov/cencode/t32c28.pdf?20150629175318
  12. ↑ http://family.findlaw.com/marriage/how-to-legally-change-your-name.html
  13. ↑ http://www.legis.nd.gov/cencode/t32c28.pdf?20150629175318
  14. ↑ https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Name%20Change/Petition-Name-Change-Adult.pdf
  15. ↑ https://www.ndcourts.gov/district-court/court-fees
  16. ↑ http://info.legalzoom.com/name-change-hearing-consist-civil-court-26296.html
  17. ↑ https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Name%20Change/Instructions%20name%20change,%20child.pdf
  18. ↑ https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Name%20Change/Instructions%20name%20change,%20child.pdf
  19. ↑ http://www.dot.nd.gov/divisions/driverslicense/addnamechange.htm
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