Getting A Name Change

Authored By: Lagniappe Law Lab
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About

About Getting A Name Change

A name change is the legal process of changing your given name to another name that you choose. The process involves several steps. This includes getting a name change court order. Then, using your name change order to update other official documents or records.

You can find a summary of questions below. This helps give an overview of the common questions about the name change process. If you have specific questions or need help, you may try to find a lawyer. For more information, see Finding and Hiring a Lawyer

 

What You Need To Know

Legal name changes involve formalizing a new name through legal procedures. To do this, you need a court order. This involves going to court, where a judge will review your request. If the judge approves, they will issue you an official document confirming your new name. You need this document to update your name on all important documents. This includes things like your driver's license, passport, and social security card.

Legal name changes involve formalizing a new name through legal procedures. To do this, you need a court order. This involves going to court, where a judge will review your request. If the judge approves, they will issue you an official document confirming your new name. You need this document to update your name on all important documents. This includes things like your driver's license, passport, and social security card.

Anyone who is 18 years old or older can apply to change their name.

In Louisiana, a felon cannot ask for a name change until they have finished their sentence. This includes probation and parole. For more information, see Understanding a Violent Felony Charge

Children, or minors, can also have their names changed, but the process is a bit different. Parents must give consent, and a court must grant approval. For more information about minor name changes, visit "Name Change of a Child."

Submit a petition to start the legal name change proceedings. You can file this petition with the Clerk of Court in one of three locations:

  • the parish where you currently live

  • the parish where you were born, or

  • The Vital Records Registry in Orleans Parish. 

For detailed instructions, click the section labeled "How to Get a Name Change Court Order." It will guide you step by step through everything you need to do. 

Include several pieces of information when you fill out the petition to change your name. First, you'll need to provide your current name and the new name you want to adopt. You'll also need to explain why you want to change your name. Additionally, you'll need to include background information such as your criminal history. This information helps the court understand your request and make a decision.

You have the option to hire a lawyer to help you request a name change. Lawyers ease the process and ensure accurate results. A lawyer can help guide you through the steps and help you fill out the necessary forms. For more information on how to find and hire a lawyer, see Finding and Hiring a Lawyer.

The costs of changing your name can vary. Generally, you will need to pay filing fees and, if you decide to hire a lawyer, any other legal fees. Filing fees usually range from $300 to $500, depending on the parish.

For more information, see Court Costs and Fees. If you're unsure about the specific filing fee for your parish, you can contact the Clerk of Court to find out. For more information on how to reach them, see Contact the Clerk of Court

The name change process can vary in the time it takes to complete. It can take anywhere from a few weeks to several months.

The District Attorney (DA) must run a background check on each person who asks for a name change. This could take a while, depending on how busy your court and DA are. Try to be patient. Most name change requests get approved unless there are complications. Complications include:

  • If the applicant has a violent felony history. For more information, see Understanding a Violent Felony Charge.

  • If the applicant has not completed probation or parole.

  • If the applicant has a warrant outstanding for their arrest.

Usually, you don't have to go to court for a hearing for a name change. Most judges grant a name change request based on the paperwork you submit to court.

If a hearing is necessary, the Clerk of Court will provide you with a date and time that your hearing will take place. The hearing can take place in the court or the judge's chambers. Remember, you can contact a lawyer to represent you. For more information, see Finding and Hiring a Lawyer.

When your name change gets approved, then you receive a court order. This court order is proof of your name change. Then, you must take your court order to update your name on other legal documents. Click on the tab, "Updating Documents After a Name Change", for more details on how to update each document. Documents you can consider updating include:

You can apply for a name change, depending on the type of felony conviction you have.

Violent felonies may restrict your ability to change your name. For more information, see Understanding a Violent Felony Charge.

You may apply for a name change if you have another type of felony conviction. You must first complete your sentence, probation, or parole.

How To Get A Name Change Court Order

How To Get A Name Change Court Order

You can follow the steps below for the process to get a name change court order, reflecting your new legal name. You do not need an attorney if you want to do the process yourself. Talk to a lawyer if you think you need help or you have questions. For more information, see Finding and Hiring a Lawyer

You can also use the Name and Gender Marker Change Legal Navigator. This can help guide you through the steps in the name change process. 

Steps To Get A Name Change Court Order

Anyone 18 years or older can apply to change their name. For more information about minor name changes, visit "Name Change of a Child."

In Louisiana, a felon cannot request a name change. They must finish their sentence. This includes probation and parole. For more information, see Understanding A Violent Felony Charge

To request a change of your name, you must fill out the Petition for Name Change form

Prepare at least three copies of your petition. Costs can vary but generally include filing fees and any legal fees if you choose to hire an attorney. Filing fees range from parish to parish, from $300 to $500. For more information about possible fees in your parish, see Court Costs and Fees. If you do not know what the filing fee is in your parish, contact the Clerk of Court to verify the necessary fee. For more information about how to contact them, see Contact the Clerk of Court

Costs can vary but generally include filing fees and any legal fees if you choose to hire an attorney. Filing fees range from parish to parish, from $300 to $500. For more information about possible fees in your parish, see Court Costs and Fees. If you do not know what the filing fee is in your parish, contact the Clerk of Court to verify the necessary fee. For more information about how to contact them, see Contact the Clerk of Court

You change your name by filing your request for name change, or Petition for Name Change in:

  • The parish where you were born in.

  • The parish where you currently live, or

  • Orleans Parish, which houses the Vital Records Registry.

Take your three copies of your petition to the clerk of court.

When you go to the clerk, you may get asked to identify yourself with an ID. Pay the filing fee. The Clerk of Court will affix a stamp to the three copies of your petition. They will also give you a file and case number. The clerk will keep one copy, and then you will take the other two. One of those copies gets used for service to the defendant. Keep the other copy for your records.

Take one of the stamped copies of your petition to serve with the District Attorney (DA). This tells the DA about your request and gives them a chance to respond.

You can choose to deliver a copy of the petition in person. You can also choose to serve the district attorney through regular legal service. For more information, see Understanding Legal Service of Process.

You may need to contact the District Attorney's office to check and see if there has been any activity on your case. When the DA receives a copy of your name change petition, they will run a background check. The DA may file a response to your petition. If the DA objects, you may want to contact an attorney. For more information, see Finding and Hiring a Lawyer.

After the DA files an answer to the court, the judge assigned to your case will make the final decision. If the judge approves, then the judge will sign the judgment granting you a court order to change your name.

Once the DA files an answer, if they do, then the Judge will make a final decision. If the Judge approves, then the Judge will sign a judgment. The judgment grants you a court order to change your name.

Sometimes you may need to attend a hearing before the judge makes a final decision. You will get told of the hearing date in advance by the clerk of court. You can get help from an attorney if you need help preparing for court. For more information, see Finding and Hiring a Lawyer.

You can request more copies of your official name change court papers at any time. You can get them from the Clerk of Court at any time.

Updating Documents After A Name Change

Updating Documents After A Name Change

Use your name change court order to update your important documents and identification. The process of updating each document varies. Follow the steps, using your court order to update the document.

How To Update Your Documents With Your Name

Visit "How to Update Your Louisiana Birth Certificate." This includes what you need to know. It also has the steps to update your name. You update it with the Louisana Department of Health State Registrar and Vital Records office

Visit "How to Update Your State ID or Driver's License." This includes what you need to know. It has the steps for updating your name with the Louisiana Office of Motor Vehicles (OMV)

Visit "How to Update Your U.S. Passport." This includes what you need to know. It also has the ways to update your name on your passport with the U.S. Department of State

Visit "How to Update Your Social Security Information." Here's what you need to know and how to update your name with Social Security Administration (SSA)

Other Issues To Consider

Other Issues To Consider

These are some of the other issues or questions you may consider related to getting a name change. 

Other Issues To Consider

When you file for divorce, you or your attorney can ask to restore your maiden or prior name in the petition. The court will address the name change request as part of the divorce decree. The final divorce decree will include an order restoring your former name if granted. Get copies of your divorce decree to update other important documents. 

For more information, see Louisiana Divorce Process and Types

Learn more by visiting the page, "Name Change of a Child." This includes what you need to know. It also has the process for changing a child's legal name in Louisiana. 

If your request for a name change gets denied in Louisiana, you can appeal the decision. First, understand the reason for denying your request. File a notice of appeal with the original court's clerk of court. Make this change within a 30-day timeframe from the decision. 

Appealing a court decision can be complex and procedural. It's often advisable to find an attorney who specializes in appellate cases. They can help increase the chances of a successful appeal. For more information, see Finding and Hiring a Lawyer

Last Review and Update: Jul 17, 2024
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