In California, you can just start using a new name without going through the legal process, which is known as “Usage”or “Common Law”. This is common in real life. You may grow up with a nickname or be called a different name by your family, in college or at work. However, assuming a name by usage does not change your legal identity, and it won’t be recognized by most agencies, banks, or other official institutions.
To officially change your name—meaning it must be recognized by Social Security, the DMV, your employer, and other institutions—you need to go through the legal name change process in a correct court. Upon approval, you will be able to get a Name Change Document which is honored everywhere. This process involves petitioning the court, giving public notice of your intent, and obtaining a court order, known as a Decree Changing Name. This court order is essential for updating your ID, legal documents and official records.
The legal name change process in California involves several key steps:
Anyone residing in California can apply for a name change, provided they meet certain criteria. This includes adults who wish to change their own name, parents or guardians seeking to change a child’s name, and individuals looking to change their name to conform to gender identity. The process is open to U.S. citizens, immigrants, and all California residents living in the state.
Also, anyone living somewhere else who was born in, or whose child was born in, or who was married in California can petition the county of birth or marriage for a legal name change. If you qualify for this, you can use the California Court to obtain a legal name change document no matter where you live now.
However, there are some restrictions. For example, you cannot change your name to defraud anyone, escape responsibility, or for any other illegal purpose. The court also may deny a name change request if it seems inappropriate or if it could cause confusion or harm.
People choose to change their names for a variety of reasons. Some of the most common include:
While the name change process is generally straightforward, there are legal requirements and restrictions you must follow. For example, you must supply all the completed court name change forms required by your court and for your particular situation. You will need to provide personal identifying information, valid reasons for your name change, and the court may ask for clarification or additional documentation if needed. Additionally, your name change must not infringe on the rights of others, such as taking the name of a public figure to mislead or deceive, and must not cause public confusion.
If you are changing the name of a minor, it must be in the best interests of the child and both parents must agree or be notified if reasonably possible. One parent can petition to change their child’s name if the other parent is Served without objection, or if you provide a convincing declaration and/or documents showing that the other parent cannot reasonably be found. In cases involving gender identity for a minor, these same requirements will apply.
By understanding the legal landscape and preparing the necessary documentation, you can navigate the name change process with confidence.
Current residents, adults born or married in California or whose child was born in California may apply to change your last name, first name, middle name or all of them at the same time. With the Superior Court Petition process, you can authenticate the name you have been using or change to virtually any name of your choice. Adults can also restore a maiden name after divorce or marriage, or if a spouse is deceased. Each situation has its own legal pathway:
Changing a child’s name involves additional legal considerations, especially regarding parental consent and the child’s best interests:
Changing your first or middle name is a more personalized decision and can be pursued for various reasons, including personal preference, common usage/authentication, or alignment with gender identity:
Understanding the type of name change that applies to your situation is the first step in navigating the legal process in California. Each type has its own specific procedures, forms, and requirements, so it’s important to follow the correct path to ensure a smooth and successful name change.
The legal name change process in California is designed to ensure that name changes are done in a transparent and legally recognized manner. Here’s an overview of what you can expect:
The first step in the name change process is to prepare and file your petition with the Superior Court in your county.
There are between 5 and 15 forms, depending on your type of Petition, your court, and other individual conditions. One of the forms is called “Petition for Change of Name”, but all of them are often collectively called “The Petition”. For a regular Adult Name Change, the 5 primary Petition forms are:
These forms are required in every name change court in California, but not all (or any) of them are used in petitions for certain types of name changes described above and below. In addition, each county and each court may have additional “local” required forms for court administration, criminal history assessment, or related cases (e.g. Los Angeles: LASC CIV 109, Santa Clara: PB-4010, Riverside: RI-C1040).
For name changes involving minor children, additional forms may be required for proof of service (NC-121), declaration (MC-030), or due diligence. Minor children’s name changes may also be subject to completely different forms for Guardianships (e.g. NC_110G), Gender Change (e.g. NC-530), or Safe-At-Home petitions (Adults and Minors e.g. NC-410). Adult Maiden Name Change, following a California Divorce, will require an FL-395 unless an FL-180 was correctly completed before the divorce was final.
Fee Waiver forms (FW-001, FW-003, etc.)are available to any petitioner, for any type of Petition. Fee Waiver forms must be submitted with a correctly completed name change petition, and are to help low income petitioners reduce or eliminate the court fee portion of total Name Change Costs. A judge will decide to approve, deny or request your appearance or additional information for each submitted fee waiver request before your Name Change processing can be finished.
It’s essential to fill out each form accurately to avoid delays. The petition will require details such as your current legal name, the new name you are requesting, the reason for the name change, your birth information and other personal information required by your particular court, so the court can be sure you are really you. Ensure all information is correct and complete before submission.
Court Filing fees are $435 (a few California Courts charge $450 or $465). If you cannot afford these fees, you can apply for a fee waiver by submitting the Request to Waive Court Fees (Form FW-001, FW-003) along with your petition.
Maiden Name Change (some), Name and Gender Change, Guardianship Petitions, and Safe-At-Home (Confidential) petitions are subject to different laws, have different forms and have additional requirements for required documentation.
California law requires you to publish a notice of your name change in a local newspaper. You need to get a judicially approved Order To Show Cause form to start publication.
After filing your petition, you must publish a notice in a court-approved newspaper of general circulation once a week for four consecutive weeks. This is a legal requirement that helps ensure transparency and public awareness of your name change. See CCP 1275-1279.6, particularly 1277(a)(1)(2)(3)(4)
Not all newspapers are qualified to publish legal notices. There may be 50 newspapers to choose from, or only one. Each county and court situation has their own rules. Not all newspapers are qualified, cost effective, or reliable. You’ll need to select a newspaper and write it into the NC-120 form before you submit your petition for filing at the court.. The costs and reliability for this required publishing can vary significantly, so it’s worth investigating if you have options, unless you have a professional handling everything.
After the hearing notice has been published for the required period, you must provide a Proof of Publication document to prove your compliance with this requirement. This document, which might also be called an affidavit, must be filed with the court before your name change can be granted at your hearing. Failure to provide acceptable proof of publication in advance of your approval hearing can result in delay or dismissal of your petition.
Under current California Law, certain types of name change petitions can be exempt from the requirement to publish. If you are enrolled in, and your petition is submitted under the special laws and rules established as the Safe-At-Home (address confidentiality) program, you need not advertise. Similarly, if your petition seeks to change your name and/or gender in order to conform your name to your gender identity, and if your documents are prepared and submitted correctly, you will not need to advertise. If you are restoring your Maiden or other former legal name, exactly, have paid your fees in a final California divorce case and have that case number to use, advertising isn’t required.
Once your petition passes technical requirements and is accepted for filing by court clerks, you can get a case number, judge assignment and judicial approval for an order to show cause hearing.
Each court has their own process for a name change hearing. Some courts do not require you to attend, some allow you to attend remotely or in person, some only allow remote OR in person appearances, and still others publish tentative rulings before the actual hearing. You have to learn what your court requires and follow its process. During the hearing, a judge will go over your petition and objections or problems, if any. The judge’s staff will likely have already flagged any issues or concerns for the judge. Your judge may confirm who you are and the truthfulness of your petition, or may not ask anything of you at all. The hearing is typically brief and straightforward, especially if all your paperwork is in order and there are no objections.
Review your petition, all of it. That, and a confidential background report about you, is what your judge will be considering. If you’re asked questions, it’s likely to be about something in those documents. It’s important to bring any documents you want to refer to or that you think your judge might want to ask about, including your Proof of Publication. You don’t need to look like a lawyer. Be comfortable and dress appropriately for an office visit, and arrive early to allow time for security checks, locating the courtroom and checking in.
If the judge grants your petition, they will sign the Decree Changing Name, making your name change official.Your petition can be denied by your judge, if you fail to provide the required documents or information, fail to do the required actions, or any other reason found necessary or appropriate by your judge. Denial is rare if you’ve done everything correctly and aren’t trying to get away with something, cause harm or confusion. If your judge determines that your petition can be granted later, if you take care of some specific problem(s) and comply with the court’s Order on that, the judge may set a new date for you to come back so your petition may be completed.
Almost all legal name change cases, in California, have a required hearing. However, some courts, and some judges Grant petitions without an actual hearing, based on the filed and acquired documents. Some types of name changes (very few) don’t require a hearing, under law (see CCP 1276(a)(e)(g)). Maiden Name Changes, done properly through a final, California Divorce, don’t require a hearing. Some courts allow remote hearings, other courts require remote hearings and some hearings may be conducted in private, depending on the type of petition and the discretion of your judge. Some courts publish a tentative ruling and excuse the petitioner from attending the approval hearing if the tentative ruling is to Grant the petition. Some courts elect to Grant the petition early and excuse the petitioner from attending the approval hearing either by phone call, email, or by mail.
A signed court order is a valid name change document. A certified copy of that court order can be presented to change your name on ID and any official records. After the court approves your name change, you’ll need to obtain a certified copy(s) of that court order.
Certified copies of the Decree Changing Name are made and available only from the court clerk’s office of the courthouse where your petition was filed, unless that court tells you otherwise. A Certified Copy of your Decree Changing Name isn’t a regular copy. Certified copies, among other things, contain the Seal of the State of California plus a statement of certification, and are required for updating your most important identification and official records.
Certified copies are required by most agencies, banks, and other institutions because they reflect a rigorous process that vouches for your identity and your right to be known under your preferred name for every legal purpose. Social Security, DMV, State Department (Passport), Homeland Security, School Registration, Banks and other financial institutions, professional licensing, and HR departments for large companies, among others, can be expected to require a Certified Copy of your Decree before they will update your ID or official records. You’ll need 1 Certified Copy, at least. You can get 2 or 3, or as many as you want. They cost $40.50 each.
It’s a good idea to obtain at least two certified copies—one for your records and one for use in updating your documents. You can get more if you need them later, from the same court office. With the possible exception of Vital Records, each ID agency, institutions, and organizations will give you your Certified Copy back after reviewing it.
The final step in the name change process is updating your ID and official records to your new legal name.
With these steps, you can successfully navigate the name change process in California. Each step is crucial to ensuring your new name is legally recognized and updated across all necessary documents.
To legally change your name in California, you must complete a series of court forms. Here’s a list of the primary forms required, along with a brief description of each:
Certain California Courts have required forms besides the ones required in every other county in California. All California Courts require extra forms for certain types of petitions or conditions. If you have a name change specialist or professional helping you, they should properly include all extra forms needed. If you are doing this yourself, check with court personnel to find out which extra forms are needed, if any. Some extra forms need to be signed by you before submitting to the court.
Each of these forms must be completed accurately and submitted as part of your name change petition. Errors or omissions can result in delays, so take your time to ensure everything is filled out correctly.
Once you’ve completed your forms, the next step is to submit them to the court. Here’s what you need to know:
Filing your forms correctly is a crucial step in the name change process. Once your forms are submitted and accepted by the court, you will be assigned a hearing date, and the legal process will officially begin.
In addition to the required forms, you may need to provide additional documentation depending on your specific circumstances and which court you are using:
Gathering and organizing all necessary documentation ahead of time can streamline your name change process and reduce the likelihood of delays. Be sure to check with your local court for any additional documentation requirements specific to your case.
Even with careful planning, you may encounter some common challenges during your name change process. Here are the most frequent issues:
Court filing clerks will carefully review all your petition documents to verify they are correctly filled out and complete. The clerks won’t know if your personal information is accurate or not, so you have to be responsible for that. Clerks will reject your filing, for missing or incorrect entries, for you to bring back again after fixing the problems. Getting your case filed is the necessary first step to getting your name change completed.
Court staff may need to contact you to help resolve problems, for clarifications, or for scheduling changes. These kinds of events happen often in busy courts.These kinds of events can cause delays, which can also occur due to high case volumes, administrative issues, or the availability of judges. If your hearing is postponed or if the court can’t resolve a problem with you quickly, it could extend the overall timeline of your name change process. In severe situations, your case could be dismissed by the court if they need your help and you don’t provide it.
Publishing your name change notice in a court-approved newspaper is a legal requirement in California, unless excused by law (CCP §1275-1279.6). Issues can arise if you fail to publish, if the newspaper delays publication, errs in publishing accurately and completely, fails to provide proof of publication that is properly formatted to meet the legal specifications, or if you advertise in a newspaper that isn’t approved by your court.
Sometimes, even after following all the steps correctly, you may face unexpected hurdles. Here’s how to address some of the more serious issues that could arise:
In some cases, a judge may deny your name change petition. This could happen if the judge believes the name change is being requested for improper reasons, if your identity can’t be verified, if your criminal history is disqualifying, if required advertising isn’t done or is done incorrectly, or if there’s an objection from a third party.
Changing the name of a minor is easiest if both parents sign the child’s petition for change of name. One parent can petition for your child’s name change, but you need to document the other parent’s non-consent to the satisfaction of the law and your judge. One parent name change petitions, like most things for a single parent, are a little complicated but are successfully done all the time with attention to all the rules and requirements.
If a non-consenting parent makes a formal objection, you can submit a response to the objection for the judge to consider. Your response can address the objection facts and include documents or other evidence as to why the name change is in the best interest of your child. Your judge will decide what’s relevant and may consider the child’s preference, the relationship with the non-consenting parent, related legal events, or other relevant factors. The judge may want to hear from your child, depending on age and other circumstances. A court hearing on the objection may be scheduled, and a civil court judge may decide that a family court judge should decide the name change question. Your judge will make a decision based on all the evidence presented.
Changing your name after a significant life event like divorce comes with its own unique set of considerations. Here’s what you need to know:
If you’re retaking your maiden name as part of a divorce, the process can be relatively straightforward if the name change is included in the divorce decree correctly, before your judge signs the Order. However, if it’s not, you can still retake a maiden name or a new name if you prefer.
If your divorce is final, but was not in California, you can use a certified copy of a properly filled out divorce judgment from many, but not all other states to update your California ID, including for Real ID and Passport, to your maiden name. If you didn’t have your maiden name restored in your divorce in another state, contact that specific courthouse to see if there’s a process still available to you to retake your former legal name. Getting a Certified Copy of your restored maiden name is essential to having that name get printed on your California and US ID.
When you got married, you may have decided to take a married name or not. Here’s what to know about getting your legal name the way you want after marriage:
If your marriage license application allows you to write in the full exact new married name you want, fill that out correctly before you turn it in to get your license. A Certified Copy of that Marriage Certificate will let you update your Social Security Card with your married name on it. With those documents, you can have your DMV ID (including Real ID) and Passport also updated.
If your child has a different last name than you or the child’s family now, it can be stressful for the child and the whole family. Here’s how you can fix it:
If a marriage, divorce, or any other condition left you with a child who has the wrong name for the family now, you can get a court order to fix your child’s name
The first and most crucial step after legally changing your name is updating your Social Security card. This update is important to do first because other institutions, such as the DMV and your bank, will likely require your Social Security card to reflect your new name before they will process your update with them. You can skip this step if your Social Security Card name already exactly matches your new name as it appears on your Decree Changing Name or other court order.
1. Gather Required Documents (must be original or certified copy)
2. Complete the Application
3. Submit Your Application
4. Receive Your New Social Security Card
TIPS: Ask your SSA agent how soon your SSA records will be updated to reflect your new legal name so you can update at DMV. The agent will give you back your Certified Copy of the court order so you can use it for the DMV and others. It’s possible, but very difficult to have anyone else update your own SSA record.
Updating your Social Security card should be your first step in updating since DMV and other essential ID agencies and organizations may not update your other records without proof that your Social Security is already updated.
After updating your Social Security card, the next critical updates are your driver’s license and passport, preferably in that order. These documents are often required for identification and travel, so ensuring they reflect your new name, and agree with your Social Security name, is also crucial.
1. Fill out an Application
2. Bring Required Documents
3. Submit Your Application In Person
4. Pay the Fee
5. Receive Your New Driver’s License
TIPS: The DMV clerk will hand you back all the documents you needed to present, including your Certified Copy of the name change document. You may or may not get back your old DMV license or ID. You will likely receive a temporary document and your permanent, updated document will be sent to you by mail. Only you can update your own DMV record.
1. Fill out the Correct Application
2. Gather Required Documents
3. Submit Your Application
4. Receive Your Updated Passport
TIPS: There is no charge to update your passport for name change if your most recent passport was issued within 1 year of the date of your name change, court order or other name change document. You can hire a private agency to process your passport application. The U.S. Passport Agency offers excellent expediting services for extra fees.
Once your Social Security card, driver’s license, and passport are updated, you’ll need to update your name with various other agencies, companies and institutions. Here’s a guide on handling these updates: Banks
Employers
Schools
Medical Records
Insurance Companies & Utilities
Professional Licenses
TIPS: Many stores and other places where you have accounts will update your name if you just ask. You may have to ask a second time, but fairly soon, your new legal name will be in use everywhere. Updating these records is the final step in fully transitioning to your new name. Ensuring that every document reflects your new name will help you avoid confusion and ensure that all aspects of your personal and professional life are aligned.
SNC
Name Change is classified as a Name Change Specialist because, for more than a decade, that’s the only service we do. Changing your name is really important and can be a daunting process with multiple steps, legal requirements, and potential pitfalls. With the exceptions of appearing for you or providing legal advice, Start Name Change offers a Full service solution that takes care of everything else—from preparing your entire petition to doing and paying for your court filing and newspaper publishing. We even provide guidance to help you update your ID and official records after the name change is complete. Here’s why Start Name Change stands out:
There’s a reason why we are the only 5-Star legal name change service across Yelp, Google, Facebook and Better Business Bureau. Choosing Start Name Change means choosing a streamlined, de-stressed path to legally changing your name in California. With our expert guidance and full-service support, you will feel supported and can rest assured that every detail will be handled professionally and efficiently. If you’re ready to get started, we’re here to help you every step of the way.
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