How to Change Your Name in Delaware
Know the benefits and requirements of a legal name change., Procure the necessary forms., Publish notice in a local newspaper., File the paperwork at your county courthouse., Attend your court hearing., Know the minor differences in the process if...
Step-by-Step Guide
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Step 1: Know the benefits and requirements of a legal name change.
It may seem like too much trouble to go through all the paperwork, fees, and a court appearance in order to change your name, but it is worthwhile to make the change you prefer official.
Delaware, like many other states, permits you to change your name simply by consistently using that new name, but that type of change won’t likely be accepted by the Social Security Administration, your financial institutions, or even the state Department of Motor Vehicles for your driver’s license.
Official, certified documentation of a name change is they way to go.
In order to use the standard process to petition for a name change as an adult in Delaware, you must be at least 18 years old and reside in the county where the petition is filed.
Your petition can be denied if you have been convicted or currently charged with a felony, are a registered sex offender, or are deemed to be attempting to avoid creditors or debts. -
Step 2: Procure the necessary forms.
This is a government process, so expect some paperwork, fees, and waiting time in order to make your name change official.
The two forms you need, which are available online or from your county courthouse, include:
Petition for Name Change.
This is in essence your application form, in which you provide information about yourself, your reason for desiring a name change, and the new name you wish to have.
The attached Affidavit must be signed and stamped by a state-licensed notary public who witnesses your signature.
Notaries can be found at bank branches, car dealerships, standalone offices, and at various other businesses.
Notice of Name Change for Publication.
This form provides information to be published, by your request and at your expense, in a local newspaper that circulates within (or barring that, nearby) your county of residence.
This may seem quaint, but advertising the proposed change in a newspaper is required by law. , Contact a newspaper in your county, or, if your county lacks one, a paper nearby.
The county clerk should have information on available papers.
Provide the paper a signed, completed copy of the Notice of Name Change for Publication.The notice must appear in the newspaper once a week for three consecutive weeks, prior to the scheduling of your hearing.
Publication fees are your responsibility.
Once your notice has run three times, make sure the newspaper provides you with an Affidavit of Publication.
Staple it together with your Petition and Notice for filing at the courthouse. , Fill out each of the forms as indicated (but not areas specified for the clerk and/or judge) and file them with the Court Clerk’s Office of the county in which you reside.To recap, your stapled packet should include the Petition (with notarized affidavit); the Notice; and the Affidavit of Publication provided by the newspaper.
The clerk will give you a hearing date and sign the relevant forms.
You will be required at this time to pay a filing fee, currently $85 in New Castle County, for example.You may also apply for a fee waiver at this time, however, if you have a financial hardship. , Arrive early just in case, confirm your room number, and wait for your name and case to be called.Bring a photo ID with your current name, and any additional documents related to your request, such as evidence regarding your current status on the sex offender registry, if relevant.
You may be questioned under oath by the judge, so answer truthfully.
The judge will sign your request whether it is granted or denied.
It it is granted, you can request additional copies of the Order from the clerk for a small fee.
Obtain at least two copies now, because you will use them to change your Social Security card and driver’s license. , If you are under age 18, the name-change process itself is quite similar, but the paperwork is different.
Also, at least one parent or guardian must approve of the change.The same forms for an adult name change must be completed, along with an additional Questionnaire, and, if only one parent signs off on the change, a Form Letter for Parent of Minor Child.
Both forms are available, like the others, at the courthouse or online.
If one parent does not consent, he/she must be sent the Form Letter by certified mail.
The consenting parent must bring a copy of the Form Letter and the green receipt (that proves the letter was delivered) to the hearing, or the request may be denied.
A non-consenting parent has the right to attend the hearing. -
Step 3: Publish notice in a local newspaper.
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Step 4: File the paperwork at your county courthouse.
-
Step 5: Attend your court hearing.
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Step 6: Know the minor differences in the process if you are a minor.
Detailed Guide
It may seem like too much trouble to go through all the paperwork, fees, and a court appearance in order to change your name, but it is worthwhile to make the change you prefer official.
Delaware, like many other states, permits you to change your name simply by consistently using that new name, but that type of change won’t likely be accepted by the Social Security Administration, your financial institutions, or even the state Department of Motor Vehicles for your driver’s license.
Official, certified documentation of a name change is they way to go.
In order to use the standard process to petition for a name change as an adult in Delaware, you must be at least 18 years old and reside in the county where the petition is filed.
Your petition can be denied if you have been convicted or currently charged with a felony, are a registered sex offender, or are deemed to be attempting to avoid creditors or debts.
This is a government process, so expect some paperwork, fees, and waiting time in order to make your name change official.
The two forms you need, which are available online or from your county courthouse, include:
Petition for Name Change.
This is in essence your application form, in which you provide information about yourself, your reason for desiring a name change, and the new name you wish to have.
The attached Affidavit must be signed and stamped by a state-licensed notary public who witnesses your signature.
Notaries can be found at bank branches, car dealerships, standalone offices, and at various other businesses.
Notice of Name Change for Publication.
This form provides information to be published, by your request and at your expense, in a local newspaper that circulates within (or barring that, nearby) your county of residence.
This may seem quaint, but advertising the proposed change in a newspaper is required by law. , Contact a newspaper in your county, or, if your county lacks one, a paper nearby.
The county clerk should have information on available papers.
Provide the paper a signed, completed copy of the Notice of Name Change for Publication.The notice must appear in the newspaper once a week for three consecutive weeks, prior to the scheduling of your hearing.
Publication fees are your responsibility.
Once your notice has run three times, make sure the newspaper provides you with an Affidavit of Publication.
Staple it together with your Petition and Notice for filing at the courthouse. , Fill out each of the forms as indicated (but not areas specified for the clerk and/or judge) and file them with the Court Clerk’s Office of the county in which you reside.To recap, your stapled packet should include the Petition (with notarized affidavit); the Notice; and the Affidavit of Publication provided by the newspaper.
The clerk will give you a hearing date and sign the relevant forms.
You will be required at this time to pay a filing fee, currently $85 in New Castle County, for example.You may also apply for a fee waiver at this time, however, if you have a financial hardship. , Arrive early just in case, confirm your room number, and wait for your name and case to be called.Bring a photo ID with your current name, and any additional documents related to your request, such as evidence regarding your current status on the sex offender registry, if relevant.
You may be questioned under oath by the judge, so answer truthfully.
The judge will sign your request whether it is granted or denied.
It it is granted, you can request additional copies of the Order from the clerk for a small fee.
Obtain at least two copies now, because you will use them to change your Social Security card and driver’s license. , If you are under age 18, the name-change process itself is quite similar, but the paperwork is different.
Also, at least one parent or guardian must approve of the change.The same forms for an adult name change must be completed, along with an additional Questionnaire, and, if only one parent signs off on the change, a Form Letter for Parent of Minor Child.
Both forms are available, like the others, at the courthouse or online.
If one parent does not consent, he/she must be sent the Form Letter by certified mail.
The consenting parent must bring a copy of the Form Letter and the green receipt (that proves the letter was delivered) to the hearing, or the request may be denied.
A non-consenting parent has the right to attend the hearing.
About the Author
Jacqueline Barnes
A passionate writer with expertise in organization topics. Loves sharing practical knowledge.
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