Name Change Affidavit
Name Change Affidavit Generator
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Signature Requirements
Electronic Signature with Notarization
The affiant must sign this name change affidavit under oath before a notary public. Notarization is mandatory because the affidavit contains sworn declarations about identity, criminal history, and intent that are subject to penalties of perjury.
Sample Name Change Affidavit Generated by Legal Tank
Name Change Affidavit
Affiant Declaration
I, [____________] ("Affiant"), being duly sworn, state under penalty of perjury that the following information is true and correct. I am over eighteen (18) years of age and competent to make this Affidavit.
Current Legal Name
My current legal name is: [____________]. Date of Birth: [____________]. Social Security Number: [____________]. Current Address: [____________].
Requested New Name
I wish to change my legal name to: [____________]. I request that this name change be reflected on all government-issued identification, records, and documents.
Reason for Change
The reason for this name change is: [marriage / divorce / personal preference / gender identity / adoption / return to birth name / other: ____________].
View all 9 sections
No Fraudulent Purpose
I affirm that this name change is not sought for any fraudulent, deceptive, or illegal purpose, including but not limited to evading debts, avoiding criminal liability, or deceiving any person or entity. I am not a registered sex offender required to maintain registration under my current name.
Criminal History
I [have / have not] been convicted of a felony. If yes: [description of conviction, date, jurisdiction: ____________]. I [am / am not] currently subject to probation, parole, or any court-imposed restrictions.
Pending Litigation
I [am / am not] currently a party to any pending litigation in which I am identified by my current name. I [have / have not] filed for bankruptcy in the past [seven (7)] years.
Penalties of Perjury
I declare under penalty of perjury under the laws of the State of [_____________] that the foregoing is true and correct. I understand that providing false information may result in criminal prosecution and denial of the name change petition.
Execution and Notarization
Subscribed and sworn to before me on [____________]. [Notary block with seal and commission expiration.]
What Is a Name Change Affidavit?
A name change affidavit is a sworn legal document used in the process of legally changing a person's name through the court system. It accompanies or forms part of a name change petition filed with the appropriate court, providing the sworn statement of the petitioner's current legal name, desired new name, and the reasons for the change. Under California CCP 1275-1279.6 and similar statutes in other states, the affidavit establishes the factual basis for the court to grant the name change order.
The legal name change process varies by state but generally follows a common pattern: filing a name change petition with the court, paying a court filing fee (which ranges from $25 to $500 depending on the state and county), publishing a notice of the proposed name change in a local newspaper for a specified period (the newspaper publication requirement), and attending a court hearing where the judge reviews the petition and issues a name change order. Some states allow fee waivers through in forma pauperis petitions for individuals who cannot afford the filing fees.
A name change affidavit is distinct from a name change that occurs automatically through a life event. When a person changes their name after marriage, they do not need a court-ordered name change - they can use their marriage certificate as proof of the new name. Similarly, a name change after divorce can often be accomplished through the divorce settlement agreement if the name change was requested in the divorce proceedings. The affidavit and court petition process is required for all other voluntary name changes, including changing a name for personal, cultural, religious, or gender identity reasons.
Courts will deny a name change petition if the purpose is to defraud creditors, avoid criminal liability, or evade law enforcement. Individuals on the sex offender registry face additional restrictions and may be prohibited from changing their name in many states. After the court grants the name change, the person must update their name with the Social Security Administration, the DMV, their employer, banks, the IRS, and other institutions. For passport updates, Form DS-60 is used to request a name change on a U.S. passport. Under New York Civil Rights Law 60-65, the court may waive the publication requirement if the petitioner demonstrates safety concerns, such as domestic violence.
| Name Change Method | When Available | Court Order Required? |
|---|---|---|
| Marriage | After legal marriage ceremony | No, use marriage certificate |
| Divorce | When included in divorce decree | No, use divorce decree |
| Court Petition | Any lawful reason (personal, cultural, religious, gender identity) | Yes, petition, publication, hearing |
| Common Law Usage | Some states allow simply using a new name | No, but unreliable, many agencies reject it |
Why You Need a Name Change Affidavit
Legally change your name for personal, cultural, religious, or gender identity reasons through a court order that is recognized by all government agencies and institutions. Use our free name change affidavit template as a starting point for your court petition.
Obtain a court order that serves as legal proof of your name change for updating records with the Social Security Administration, DMV, employer, and financial institutions. Get a quote for your name change affidavit for help with the petition, publication requirements, and court filing.
Comply with California CCP 1275-1279.6 and equivalent state statutes that establish the legal procedure for voluntary name changes.
Change a minor child's surname after divorce, adoption, or other family circumstances through the proper legal channels with court oversight. If a prenuptial agreement addressed name provisions, reference it in the petition.
Qualify for in forma pauperis fee waivers if you cannot afford the court filing fee, which ranges from $25 to $500 depending on the state.
Request a waiver of the newspaper publication requirement under New York Civil Rights Law 60-65 or similar statutes if you have safety concerns such as domestic violence.
Related Affidavits Documents
Name Change Affidavit is often used alongside other affidavits documents. Depending on your situation, you may also need:
Key Sections in a Name Change Affidavit
Petitioner Identification
The affidavit must include the petitioner's current legal name, date of birth, place of birth, current address, and Social Security number. If the petitioner has previously changed their name (through marriage, divorce, or prior court order), all previous legal names must be disclosed to create a complete identity history.
Current and Proposed Name
The affidavit must clearly state the petitioner's current legal name exactly as it appears on their birth certificate or most recent name change order, and the full proposed new name. The spelling, capitalization, and format of the proposed name must be precisely as the petitioner wants it to appear on all future legal documents.
Reason for Name Change
While courts generally grant name changes for any lawful purpose, the affidavit should state the reason for the change. Common reasons include marriage, divorce, personal preference, cultural or religious reasons, gender identity, and adoption of a family name. The court will evaluate whether the purpose is legitimate and not intended to defraud, evade debts, or avoid criminal liability.
Criminal History Disclosure
Most states require the petitioner to disclose any criminal convictions, pending criminal charges, and whether they are registered on any sex offender registry. Failure to disclose criminal history can result in denial of the petition and potential criminal charges for making false statements. Individuals with certain convictions may face additional requirements or restrictions on name changes.
Publication Requirement Compliance
Many states require the proposed name change to be published in a local newspaper for a specified period (typically four to six consecutive weeks) before the court hearing. The newspaper publication requirement provides public notice and allows anyone to object to the proposed name change. The affidavit may need to include proof of publication or a request to waive publication for safety reasons.
Minor Child Name Changes
When the name change is for a minor child, both parents must typically consent, or the non-consenting parent must be served with notice and given the opportunity to object. The court applies a "best interests of the child" standard when evaluating minor name change petitions. The affidavit must include the child's information and the consent or service documentation for both parents.
Name Change Affidavit Legal Requirements
California CCP 1275-1279.6 governs the adult name change petition procedure, including filing, publication, hearing, and order requirements.
Most states require a newspaper publication requirement where the proposed name change must be published in a local newspaper for four to six consecutive weeks before the hearing.
Court filing fees range from $25 to $500 depending on the state and county, though in forma pauperis waivers are available for those who cannot afford the fee.
Individuals on the sex offender registry face additional restrictions and may be prohibited from changing their name in many jurisdictions.
New York Civil Rights Law 60-65 provides for waiver of the publication requirement when the petitioner demonstrates safety concerns such as domestic violence or stalking.
After the court grants the name change, Social Security Administration records must be updated, and Form DS-60 must be submitted to the State Department to update a U.S. passport.
Common Name Change Affidavit Mistakes to Avoid
Filing the name change petition without completing the newspaper publication requirement, which most states mandate before the court will hold a hearing on the petition.
Failing to disclose all prior legal names, criminal history, or sex offender registry status, which can result in denial of the petition and potential criminal charges.
Assuming a court-ordered name change automatically updates all records - the petitioner must separately notify the Social Security Administration, DMV, banks, employer, and other institutions.
Not filing Form DS-60 with the State Department to update a U.S. passport after a legal name change, which can cause travel complications.
Attempting to change a minor child's name without proper consent from both parents or without serving the non-consenting parent with notice of the petition.
Filing in the wrong court or jurisdiction, as name change petitions must typically be filed in the county where the petitioner currently resides.
Frequently Asked Questions About Name Change Affidavits
What is a name change affidavit?
What is the difference between a name change affidavit and petition?
How much does it cost to legally change your name?
Do I need a court order to change my name?
Can I change my name without going to court?
How do I change my name after marriage?
What documents do I need to change my name?
How long does a legal name change take?
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