How to Write a Name Change Motion in a Civil Case

The name change process may take several months to complete.

It is a person's right to change his name at any time to a name of his choice. This applies both to the first and the last name. A judge has to sign the name change order. Then the order can be used to obtain new documents under the new name, such as a Social Security card and a driver's license. The process of changing a name is by petition or complaint. Motions are generally not required.

Instructions

1. Contact your local city clerk's office to find out where to obtain the name change forms. The clerk will direct you to the right office. It may be at city hall or the local court.

2. Fill out the forms. You will need to complete a petition or complaint for a name change. You also will have to complete an order for name change for the judge to sign and a notice of petition to the public. The exact forms vary from state to state.

3. Notarize all required forms. Banks and some post offices have a notary on staff.

4. Copy all the documents for your record before submitting them. Although it is not likely, documents sometimes get lost.

5. Submit your paperwork to the office where you received the forms. Call ahead of time to confirm the hours when you can submit your name change packet.

6. Attend the judicial hearing. At the quick hearing, the judge will sign the order granting your name change after asking you to confirm that you want to change your name. Although the hearing itself is short, your case may not be called until later. Set aside the entire day. Some states do not have a hearing, and you will receive a name change order in the mail.

Tips & Warnings

• If you are changing your name as part of getting married, the marriage license has a space for you to do that. No separate court proceedings are needed. The marriage license can then be used to obtain a new Social Security card and driver's license.

• If you are a legal alien, ex-convict or attorney, you are required to complete an affidavit of service notifying the appropriate authorities of the name change. Legal aliens must notify the immigration office that issued their papers. Ex-convicts must notify their parole officer, and attorneys have to notify the state bar association.

• You are required to notify the department of motor vehicles two weeks after a name change.