Change Your Name in Rhode Island

You can change your name in Rhode Island under the State statute 33-22-28. This allows a resident to change their name after marriage, after divorce, or for personal reasons. You may also apply to change the name of a minor (a person under age 18) in certain situations, such as adoption.

Steps

Changing Your Name For Personal Reasons

  1. Complete a standard petition form. If you want to change your first, middle and/or last name for any reason, you have the legal right to do so in the state of Rhode Island. In order for your new name to be legally recognized, you must petition the court.
    • In all cases other than adult adoption or marriage, the standard form is the Rhode Island Name Change Petition, which you can find here: http://sos.ri.gov/documents/probate/PC8.1.pdf. If you are changing your name for any reason other than adult adoption, and you need to petition for a name change, print out this form and fill it out. (You do not need to petition if you are taking your spouse's last name.)
  2. Have the petition notarized. Search on internet for local notary office or ask the court for referral to notary.
  3. Submit the form with payment. You will need to turn in the name change petition to the court in your county[1], along with a filing fee.
    • The fee varies by county but can be found by contacting the local clerk and will generally be in the range of $65.
    • You will be given a court date approximately 30 days from the date of petition submission and can expect to pick up your decree on that day. Check with your local clerk about details, such as whether there will be a brief court appearance, as this varies with the county.
  4. Publish the news, if necessary. Most counties in Rhode Island will not actually require you to publish your new name (although you can anyway) but the court may direct you to make an announcement, so be sure you are clear about what is needed when you submit your petition.
    • Publishing a name change can be done by publishing an ad in the newspaper where you reside that states your former and new name.
    • Upon completion of this step, you will be granted a 'Proof of Publication'. If you have been legally asked to announce your name, you will need to bring this to a hearing so make sure to keep track of it!
  5. Attend your hearing or pick up your decree. You may be required to attend a hearing, or the clerk may simply notify you that your 'Name Change Decree' is ready.
    • Depending on the specifics of your case and of your county, the court may hold a hearing simply in order to have an official statement from you. This does not mean your petition is in question.
  6. Make sure other issues are handled separately. If changing your name is part of a larger legal undertaking like changing a legal relationship, changing your gender, or changing some other official status, remember that the name change may not be all you need to do.
    • If your legal status is being affected in more complex ways, you may want to check with a lawyer about what else needs to be taken into account.

Changing Your Name Due to Adult Adoption

  1. Complete the correct form. In Rhode Island, there is no legal age limit to adoption. Someone who has recently found their birth parents, who wants to cement a relationship with a foster family, who would like to simplify an inheritance, or who has any other reason, may find that adult adoption is the answer. An adult adoptee can take a new family name at the same time.
    • The form to fill out is the Adult Adoption Petition and Change of Name form, here: http://sos.ri.gov/documents/probate/PC8.2.pdf
    • If you are changing your name due to adult adoption, such as taking the last name of a new family, print this out and enter all of the information that it asks for.
    • If you are changing your name for any other reason, use the standard petition form.
  2. Have the petition notarized. You can look up a notary at the online notary database if you have any questions. The Rhode Island state database of notaries may be found here: http://ucc.state.ri.us/notarysearch/onlinesearch.asp.
  3. Submit the form with payment. You will need to turn in the name change petition to the court in your county[2], along with a filing fee.
    • The fee for adult adoption is at the discretion of the local court. Check with your local clerk.
    • You will be given a court date with a judge in your county. The clerk will direct you if there are further steps that need to be taken.
  4. Publish the news if the court requires it. This is not actually required by many courts, but you could be asked to print an announcement.
    • Publishing a name change can be done by publishing an ad in the newspaper where you reside that states your former and new name.
    • Upon completion of this step, you will be granted a 'Proof of Publication'. If you have been legally asked to announce your name, you will need to bring this to a hearing so make sure to keep track of it!
  5. Attend your hearing or pick up your decree. You may be required to attend a hearing, or the clerk may simply notify you that your 'Name Change Decree' is ready.
    • Adult adoption is handled by judicial discretion in Rhode Island, so follow the directions of your local court.
    • Since this petition is more than just the name change, the court may have further requests or want a hearing. Rhode Island leaves this to the individual courts to determine.

Changing Your Name Through Marriage

  1. Take your spouse's surname. If you are taking your spouse's last name upon marriage, your new name can be automatically accepted without petition.
    • This means the name change is assumed due to the marriage and the next time you apply for a new driver's license or State ID card, the new name will be put on the documents at your request.
    • Taking the new name is not required. If you choose to use your previous name when you apply for identification, that is also accepted.
    • Changing first or middle names will always require a petition.
  2. Check if official name change petitioning can be added to your marriage license. If you know you will be changing your name when the marriage license is drawn up, see if the name change can be included.
    • In some counties or rulings, further petitions like name change can be included in the legal process of marriage, but in others the license will only list the birth names of the individuals who are marrying.
    • If you can add petitioning to your marriage license, then your options for name changing will be much wider.
  3. Change your name with Social Security. You can find instructions on the Social Security FAQ for how to get the new name on your federal card.
    • The DMV in Rhode Island will want your name to be official with the federal government first.[3]
    • Providing the Social Security office with your marriage certificate and previous identification will be enough to get a new card, and the process is free.[4]. It can also be done by mail if you follow the instructions on the website.
  4. Apply for a driver's license with your new name. At any point after getting married, you can get new identification with your new name.
    • Fill out an LI-1 form as usual to apply for a Rhode Island driver's license or ID card.
    • Bring your new Social Security card.
    • Bring your old ID card or driver's license.
    • Bring your marriage certificate.[5]

Changing Your Name Through Divorce

  1. Revert to your previous name. If you took a new name upon marriage, you can return to the legal use of of your original name without a court petition.
    • The process in Rhode Island is essentially the same to change your name back as it was to take a married name.
    • The main difference to check for is that some counties will want to see a birth certificate as well as a divorce decree.
  2. Change your name with Social Security. You can find instructions on the Social Security FAQ for how to get your original name on your federal card.
    • The DMV in Rhode Island will want your name to be official with the federal government first.[6]
    • Providing the Social Security office with your divorce decree or birth certificate and previous identification will be enough to get a new card, and the process is free.[7]. It can also be done by mail if you follow the instructions on the website.
  3. Apply for a new ID at the DMV. At any point after getting a divorce, you can get a new driver's license with your maiden name.
    • Fill out an LI-1 form as usual to apply for a Rhode Island driver's license or ID card.
    • Bring your new Social Security card.
    • Bring your old ID card or driver's license.
    • Bring your divorce decree.[8]

Changing the Name of a Minor

  1. Ensure you are eligible to petition for a name change. If you are under age 18, you cannot petition to change your name. However, a parent, managing conservator, or legal guardian can petition to change the name of a minor in certain circumstances. Both parents or guardians must be served with the name change petition.
  2. Complete the appropriate form. If you are petitioning to change the name of a minor child, you will need to complete the PC-8.1 Change of Name form, found here: http://sos.ri.gov/documents/probate/PC8.1.pdf. The process is the same as to change your own name as an adult.
    • Check the “for minor child” box on the form.
    • Provide your name, along with the child's name, full address, name on original birth record, date and place of birth, mother's maiden name, and father's name. You will also need to provide your address and any addresses at which the child lived previously.[9]
    • Give the new name that you are requesting for the minor.
  3. Give the reason for the name change. You must be as specific as possible. The most common reason for changing a child's name is legal adoption. In general, courts will not approve frivolous name change requests for minors. You must be able to prove that the name change is in the child's best interest.
    • For example, wanting to rename your child “Harry Potter Smith” might be considered frivolous and not in the child's best interest. However, changing an adopted child's last name in order to promote a sense of family unity would be a reasonable reason.
  4. Sign the form before a notary. You must submit the notarized name change form. You can find a local notary online or by asking the court for a referral.
  5. Submit the form with payment. You will need to turn in the name change petition to the court in your county[10], along with a filing fee.
    • The fee varies by county, but can be found by contacting the local clerk. It will generally be in the range of $65.
    • You will be given a court date approximately 30 days from the date of petition submission and can expect to pick up your decree on that day. Check with your local clerk about details, such as whether there will be a brief court appearance, as this varies with the county.
  6. Publish the news, if necessary. Most counties in Rhode Island will not actually require you to publish the minor's new name (although you can anyway) but the court may direct you to make an announcement, so be sure you are clear about what is needed when you submit your petition.
    • Publishing a name change can be done by publishing an ad in the newspaper where the minor resides that states the minor's former and new name.
    • Upon completion of this step, you will be granted a 'Proof of Publication'. If you have been legally asked to announce your name, you will need to bring this to a hearing so make sure to keep track of it.
  7. Attend your hearing or pick up your decree. You may be required to attend a hearing, or the clerk may simply notify you that the 'Name Change Decree' is ready.
    • Depending on the specifics of your case and of your county, the court may hold a hearing simply in order to have an official statement from you. This does not mean your petition is in question.
  8. Change the child's name on appropriate documents. If you have changed a minor's name, you should also change his or her name on the associated government documents. Contact the Social Security Administration to update the name on the child's Social Security account.[11]
    • If the child is old enough to drive, change the name on his/her driver's license. You will need to fill out a TR-1 form (http://www.dmv.ri.gov/documents/forms/registration/TR-1.pdf) and provide documentation of the name change, such as the court order.
    • If the child has a passport, you will need to apply for a new passport under the new name.



Tips

  • If just married, be sure to have your marriage certificate.
  • If just divorced, be sure to have your divorce decree.

Warnings

  • Must be at least 18 years of age for a standard name change.

Related Articles

References

  1. ↑ http://sos.ri.gov/library/probate/probatecontacts.php
  2. ↑ http://sos.ri.gov/library/probate/probatecontacts.php
  3. ↑ http://www.dmv.ri.gov/licenses/address/
  4. ↑ http://www.socialsecurity.gov/ssnumber/ss5doc.htm
  5. ↑ http://www.dmv.ri.gov/documents/forms/license/LI-1.pdf
  6. ↑ http://www.dmv.ri.gov/licenses/address/
  7. ↑ http://www.socialsecurity.gov/ssnumber/ss5doc.htm
  8. ↑ http://www.dmv.ri.gov/documents/forms/license/LI-1.pdf
  9. ↑ http://sos.ri.gov/documents/probate/PC8.1.pdf
  10. ↑ http://sos.ri.gov/library/probate/probatecontacts.php
  11. ↑ https://faq.ssa.gov/en-US/Topic/article/KA-01981
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