By Isobel Healy, J.D., M.P.H. | Legally reviewed by Laura Temme, Esq. | Last reviewed April 04, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Are you getting married and want to use your spouse's last name? Considering divorce and switching back to your pre-marital name? Arkansas has relatively straightforward processes for both of those situations.
Other reasons for a name change include:
If you want a legal name change in Arkansas outside of a divorce, you must file a written petition with the Circuit Court in your county.
However, you cannot change your name for any fraudulent purpose. You may not choose the name of a public figure. A legal name change will not protect you from a lawsuit, debt, or criminal charge.
Learn more about changing your name in Arkansas below.
Arkansas residents can change their legal name via application in two situations: marriage and divorce. Other name changes follow a different process through the local court, outlined in the next section.
Arkansas permits you to change your last name when applying for a marriage license. Simply fill out your marriage license application with your preferred married name and submit it. Once your marriage is performed, your certified marriage certificate serves as proof of your name change.
Bring your marriage certificate with you to change your driver's license or state ID card, request a new Social Security card, update your vehicle registration, and change other records.
Arkansas law specifically permits a "wife" to restore her last name through a divorce decree. That last name can be a maiden name, a former married name, or another name used before marriage. Notably, the state's statute is silent on whether a "husband," or "spouse" may change their name after divorce.
You can bring a certified copy of your divorce judgment to change your driver's license or state ID card, request a new Social Security card, update your vehicle registration, and other records.
Outside of marriage or divorce, you can change your name in Arkansas by submitting a written petition for a change of name to the Circuit Court in the county where you live.
In addition to preparing and filing your petition, you should be prepared for a brief, in-person hearing with a judge.
Your petition must state the specific reason that you want a name change. Arkansas allows a person to change their name for "good reasons shown," which include:
At a minimum, your petition must state that you are requesting a name change because this new name is your preferred name. Before you file, your petition must be notarized (usually for a fee) and include a cover sheet and an order for the judge to sign.
Contact your local circuit court to confirm its filing fees and approved payment methods. If you cannot afford the filing fees and meet specific income requirements, you may qualify for a fee waiver.
It is only necessary to petition an Arkansas court for a change of gender if you plan to change the gender marker on your birth certificate. A court order is not required to change the gender marker on your:
• Arkansas driver's license or state ID
• Social Security record
• Passport
If you wish to update the gender marker on your birth certificate, Arkansas law requires documentation that a surgical procedure changed your assigned sex. You'll find details on updating your birth certificate below.
A marriage certificate, divorce decree, or court order can legally change your name. However, you are still responsible for putting agencies like the Social Security Administration (SSA), the Arkansas Department of Health (ADH), and the Arkansas Department of Finance (ADF/DMV) on notice of your name change.
If you want to update the name on your Arkansas birth certificate, you must provide the following to the Arkansas Department of Health (ADH):
If you want to update the gender marker on your Arkansas birth certificate, you must have already completed the following:
Arkansas only allows "male" or "female" gender options on its birth certificates. To update your gender on your birth certificate, you must submit the following to ADH:
your court orderIf your Court Order does not specify a surgery, ADH may accept a letter from the doctor who performed your gender reassignment surgery.
Arkansas law defines gender reassignment surgery as:
"Any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex . . . including without limitation, genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition."
The Arkansas Transgender Equality Coalition created a step-by-step guide to help individuals understand this process. If you are a transgender or gender non-conforming individual seeking help with name and gender marker changes, it may help to consult with an attorney.
After you obtain your court order, contact your local Social Security Administration (SSA) office to request a replacement Social Security (SS) card with your new name.
You may be able to start your request online, but you must visit your local SSA office in person within 45 calendar days of starting your request to provide a certified copy of your court-ordered name change and proof of:
All documents must be original or certified copies, unexpired, and clearly show your name and date of birth/age.
SSA will issue you a new card with your new name. Your Social Security number (SSN) will stay the same. Your SSN follows you throughout your life, even if you change your name more than once.
Currently, SSA only allows individuals to specify their gender as "female" or "male." However, you may change your sex identification on your Social Security record without providing medical documentation or a Court Order.
SSA is currently considering accommodations for non-binary individuals who prefer not to specify a male or female sex/gender designation.
You must update your name on your Social Security card before you request a replacement driver's license or state ID card.
Once you have your new SS card, visit your local DMV in person and request a DMV Gender Designation Form. Bring original or certified copies of your:
Arkansly allows residents to choose M, F, or X as their gender marker on their driver's license or State ID. Proof of gender reassignment surgery is not required for this change.
If you encounter any challenges updating your gender on your driver's license or state ID, ask to speak with a DMV supervisor.
After your legal name change, be sure to tell your family, friends, school, and employer. You should also update your:
The law cares about avoiding fraud, so it's best to use your new name consistently.
If you wish to change your child's name to affirm their gender identity or for any other reason, you must file a written petition with your local circuit court clerk.
You may obtain a court order to change your child's name by submitting a written petition to your local Circuit County Clerk. Before you file, your petition must be notarized (usually for a fee) and include a cover sheet and order for the judge to sign.
Contact your local circuit court to confirm its filing fees and approved payment methods. If you cannot afford the filing fees and meet specific income requirements, you may qualify for a fee waiver.
Both parents (if living) must provide written consent to obtain a legal name change for the child.
If you cannot obtain consent from the other parent or guardian, you must file the petition, set a hearing date, and serve the non-consenting parent/guardian.
The outcome of the hearing will largely depend on whether the court determines the name change is in the best interest of the child. The judge will consider the following factors:
Arkansas has no formal process to change a child's gender marker on their birth certificate.
FindLaw offers Arkansas name change forms that outline the process each step of the way. You can avoid the hassle of doing legal research and taking the time to figure out the legal steps.
If you need legal assistance changing your name (or your child's name) and/or gender marker in Arkansas, you can search FindLaw's Attorney Directory. Additionally, if you meet specific residency and income eligibility requirements, you may qualify for free legal help from the Center for Arkansas Legal Services.
Contact a qualified attorney.
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.