How to Go About Changing Your Name as an Adult
Pick a name, any name. You can refer to yourself as anything you choose. The ridiculousness level of a chosen name does not matter. However, all government and legal documents must reference your legal name. In Indiana, your name can be changed by life-changing events such as adoption, marriage or divorce. It is also possible to change a name pursuant to Indiana Code 34-28-2.
With each of the life-changing events, a person is issued a court order or decree that serves as evidence to issue the change. When the change is made pursuant to Indiana Code, there are certain procedures that must be followed. Additional requirements must be met for the name change of a minor child. For this blog, the scope is limited to the name change of a natural adult with full mental capacity, not-currently incarcerated in a correctional facility.
A petition for name must be filed with the circuit court in the county where the petitioner resides. The petition must indicate important identifying information for the petition such as: date of birth; address; mailing address; identification or driver’s license number; a list of all previous names for the petitioner, proof that the person is a US Citizen; information about whether the petitioner holds a passport and details regarding any criminal record. Name change petitions are public record and can be viewed by anyone with an interest in looking. Therefore, any portion of the petition that contains confidential information must comply with
Indiana Administrative Rule 9.
One of the most time consuming and sometimes confusing aspects of requesting a legal name change can be the notice requirements. Since there may be third parties (mainly creditors) with a vested interest in knowing about a name change, it is important to clearly advise of the intent to change a name. Notice needs to be published in the local paper for at least three weeks. If there is not a local paper in the county where the petition was filed, the notice should be published in the nearest adjoining county. The notice should indicate when the name change hearing will take place. The last time it is published must give at least a 30 day notice of the hearing date. There are additional notice requirements for anyone trying to change their name within 10 years of a felony conviction. Failing to comply with the additional requirements could result in a misdemeanor. Once the proper notice has been published, verified proof of publication must be filed with the court before proceeding with the hearing.
Once the court has issued a decree changing the name of the petitioner, a copy will be sent to the health department and clerk of the court. A certified copy of the decree should be sufficient to change a name on any document.
When a petition for dissolution of marriage is filed, a preference can be indicated to resume a prior name. One additional line in the petition and decree of dissolution can eliminate the need to follow the steps listed above. There is not a requirement to revert to a prior name, even if the choice in indicated in the decree. If a person does not take the action steps to effectuate the change, the name would stay the same. In the interest of saving time and money in the future, most family law attorneys will recommend adding language to change the name through the divorce process if a party is at all undecided.
If you or someone you know has questions about an adult name change, Banks and Brower, LLC can assist. Give us a call at (317) 870-0019, or email us at info@banksbrower.com.