Changing your name in California is a common legal procedure that people undertake for various reasons, such as after a divorce, gender transition, or personal preference. The process is relatively straightforward, but it involves specific steps and legal documentation to make the change official. This comprehensive guide will walk you through everything you need to know about legally changing your name in California.
1. Determine Your Reason for Changing Your Name
You can do a legal name change in California for almost any reason, provided it’s not for fraudulent purposes (e.g., evading debt or legal obligations). Some common reasons for name changes include:- Divorce: Returning to your maiden name or adopting a new name.
- Personal preference: Some people simply wish to take on a new name for personal reasons.
- Gender transition: Many transgender individuals seek to change their names to reflect their gender identity.
- Cultural or religious reasons: You may want to adopt a name that aligns with your cultural or religious background.
2. Check If You Qualify for a Simple Process
If you are changing your name due to marriage or divorce, California law allows for a simplified process. For marriage, you can automatically assume your spouse’s last name upon marriage by indicating this on your marriage license. For divorce, you can request a return to your maiden name as part of the divorce proceedings.If your name change does not fall under these categories, you’ll need to follow the standard court-ordered name change process.3. Complete the Required Forms
So, how do you change your legal name in California? The first formal step in changing your name involves filling out the appropriate court forms. These include:- Petition for Change of Name (Form NC-100): This is the primary document you’ll use to request a legal name change.
- Attachment to Petition for Change of Name (Form NC-110): This form is used to provide additional details about the name change, such as the reason and any prior name changes.
- Order to Show Cause for Change of Name (Form NC-120): This document notifies the public and government agencies that you are seeking a name change.
- Decree Changing Name (Form NC-130): This is the document that will officially confirm your name change once the court approves it.
4. File Your Forms With the Court
Once your forms are filled out, the next step is filing them with the superior court in the county where you live. You’ll need to submit the originals and the copies to the court clerk. There is a filing fee associated with this, which varies by county but typically ranges from $435 to $450. If you cannot afford the fee, you can request a fee waiver by filing Request to Waive Court Fees (Form FW-001).After filing, the court will give you a date for a hearing, usually scheduled about six to eight weeks later.5. Publish Your Name Change Request
California law requires you to publish a notice of your name change request in a local newspaper. The Order to Show Cause for Change of Name (Form NC-120) must be published once a week for four consecutive weeks in a newspaper of general circulation in the county where you filed your petition.The court will usually have a list of approved newspapers that you can choose from. The cost of publication varies but can range from $40 to several hundred dollars, depending on the newspaper. Be sure to keep proof of publication, as you will need to bring it to your court hearing.6. Attend the Court Hearing
At your scheduled court hearing, the judge will review your petition and any objections that may have been filed. In most cases, the judge will approve your name change as long as it is not for fraudulent or harmful purposes.If the judge approves, they will sign the Decree Changing Name (Form NC-130), which legally grants your name change. Be sure to get certified copies of the decree, as you will need these to update your identification documents.7. Update Your Identification and Personal Records
After receiving your name change decree, it’s time to update your personal documents to reflect your new name. Start with these key records:- Social Security card: Submit your name change decree to the Social Security Administration along with your current Social Security card. They will issue you a new card with your updated name.
- Driver’s license or state ID: Take your name change decree to the California Department of Motor Vehicles (DMV) to get a new driver’s license or ID card.
- Passport: If you have a U.S. passport, you’ll need to update it by submitting a name change form (DS-5504 or DS-82) to the U.S. Department of State, along with your passport and court order.