This section gives you information on legally changing your name by getting a court order. In California, you also have the legal right to change your name by the “usage method.” This means you change your name by simply using a new name in all aspects of your life. This rule usually does not apply to minors and prison inmates.

BUT most government agencies currently require a court order as official proof of a name change. Government regulations to fight against fraud, like identity theft, are making it almost impossible to change your name without a court order.

Basics

There are several ways to change your name:

• Filing a Petition for a Change of Name. This is the most common way. The How-to Guide in this section shows you how to do this.
• If you are getting divorced and want to change your name to your maiden name, you can usually do that in your divorce case. Click here for what to do.
• If you are already divorced (in California only) and did not change your name in your divorce, but want to do it now, click here.
• If you recently got married and want to change your last name to your spouse's last name, you may not have to go to court. Go to your local DMV office and your social security office, and ask them whether you can change the name on your driver's license and social security card to your spouse's last name without a court order. Sometimes, they will change your name if you show them your marriage license or certificate and you will not have to go to court. But it is possible they will tell you to get a court order, so be prepared for that.

Note: If you want to legally change your name AND your gender, there is a separate court process and forms for doing that. Click for instructions to change your name and gender. If you just want to change your name for now and intend to change your gender later, continue with the instructions in this section for changing your name. Later on, if you want to change your gender, click for instructions to change your gender only.

Change of Name Process

If you have to file a Petition for Change of Name in court, the process can take up to 3 months. After you file your Petition for Change of Name, you will get a court date on your Order to Show Cause for Change of Name that will be between 6 and 12 weeks away. If your paperwork is correct and you followed all the required steps, on or soon after your court date, the court will give you a court order called a “decree” changing your name. Some courts are busier than others and it may take longer.

In some limited cases, the judge may not agree to change your name. The main reasons why this can happen are:

• If the judge finds that you are changing your name to commit fraud, or
• If the judge finds that you are changing your name to hide from the law or the police or for some other illegal reason.

If you are on probation or parole, the judge may not agree to change your name unless your probation or parole officer is aware of your change of name and gives written consent. If you are incarcerated in a California state prison, the Secretary of the California Department of Corrections and Rehabilitation has to give permission to the court to let you change your name. If you are incarcerated in federal prison, get permission from the Director of the Federal Bureau of Prisons.

If, after getting divorced, you are changing your name to your maiden name or a prior married name you used, the process may not take that long. Usually the court will be able to process your paperwork within 2 to 4 weeks. Ask the clerk at your local court for an estimate of how long it will take. Click to change your name in your divorce case.

Once you have your court order changing your name (whether through your divorce or through the regular Petition for Change of Name process), you can use that court order to change your legal name on government-issued identification documents such as your driver’s license, passport, and social security card. You will generally need a certified copy of the decree changing your name. The court clerk can provide you with that. You will have to pay a small fee or qualify for a fee waiver.

Note: If you are a victim of domestic violence and are concerned about keeping your change of name confidential, there are ways for your new name to remain confidential and not appear on the court records. You can register with the Safe at Home program to keep the information confidential. Ask your local domestic violence shelter, victim services unit in the local District Attorney’s Office, or family law facilitator for help. Click for help finding your local domestic violence agency.

How-to Guide to Changing Your Name

Filing a Petition for Change of Name
Follow these steps:

Changing your name to your former name if your divorce is final and was granted in California:

• Contact the court clerk in the county where the case was filed. Click to find your court's website and contact information.

• Give the court clerk the case number, case name (names of the parties), and the date of the order/judgment/filing, if possible. Include a copy of your Notice of Entry of Judgment (Family Law — Uniform Parentage — Custody and Support) (Form FL-190), if possible.

• Complete an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (Family Law) (Form FL-395). Include a self-addressed, stamped, return envelope, if necessary.

If you have any questions, contact the family law facilitator or a lawyer. The family law facilitator may also be able to review your forms to make sure you filled them out properly.

If your divorce is NOT yet final:

• If you are getting divorced in California and the divorce is not final yet, you can ask the court to restore your name to your former name. You can ask for this when you submit your proposed Judgment (Form FL-180) for divorce. Talk to your local family law facilitator to find out how to do this.

• If you want to change your name to something other than your maiden name or to a prior married name you used in the past, then you have to follow the steps for filing a Petition for Change of Name.

If your divorce was not in California, you have 2 options:

1. Contact the court that ordered your divorce and find out if there is a simple process for you to change your name in that divorce case even if you no longer live in that state;

OR

2. Follow the steps to file a regular Petition for Change of Name in your local California superior court.