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How to Change Your Name in California
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The steps you’ll take to legally change your name in California vary. They depend on why you want to make the change. The process may involve name change forms and court approval. The state also offers a streamlined name change process in marriage or divorce.
Many people want to change their legal name at some point during their lifetime. Whether for marriage, divorce, adoption, a gender transition, or you just want to take a new name, California has a process to navigate. You have options to change your first, last, or middle name.
Some name changes can be complex. Contact a family law attorney in your area for help and support with this process.
Find out how to change your name in California:
- Know the correct California legal name change process
- File the appropriate paperwork with government agencies
- Start using your new name
Also learn about the timeline, estimated costs, and whether you need a lawyer below.
1. Know the Correct California Legal Name Change Process
Here are a few of the most common reasons and ways to change your name in California, along with a few limitations.
Marriage Name Changes
Most commonly, people change their names after getting married. California makes this process relatively simple.
Your marriage license application will include a spot for your new name. There are limits to which types of name change requests you can make with a marriage license. Some changes, such as choosing a new first name, need a separate petition. After your marriage ceremony, you’ll need to submit your completed marriage license.
A valid marriage certificate is the only legal document required. With your marriage certificate in hand, you can change your name with state and federal agencies. You won’t even need to go to court. Your marriage license is all you need.
Divorce Name Changes
The name change process differs for divorce. California requires a court order to restore a former name, birth name, or maiden name following a divorce. However, this can be done during the normal divorce process, and a court is required to restore a former name upon request.
You can ask a court to restore your former name during the divorce proceedings. Or, if you want to change your name later on, you can file the application and a civil case cover sheet with the court clerk after your divorce is finalized. You will have to pay the filing fee unless you obtain a fee waiver.
Other Reasons for Changing Your Name
Changing your name in other circumstances, such as adoption or a gender transition, will generally involve petitioning a court. First, you must file a petition for a name change (form NC-100 plus any additional forms) with a court in the county where you reside.
California law requires a petition to include your:
- Birthplace
- Residence
- Current name
- Proposed name
- Reason for changing your name
A court appearance is required and some notice must be published, typically an order to show cause for change of name. This step generally includes publishing weekly in a local newspaper for four consecutive weeks to inform the community you intend to change names. Check the approved newspapers in your county for options.
Transgender Californians can follow a similar process. The notice requirement doesn’t apply if you’re changing your name to conform to your gender identity. There will be an additional section for you to fill out on your name change petition for a gender change.
When you file the required forms, including your name change documents, you will get a hearing date with the California Superior Court. At the court hearing, the judge may ask you questions about why you want your name changed.
Assuming you have complied with all legal requirements, the court will issue a Decree Changing Name. Make sure to get a certified copy (or better yet, copies) of your decree. You will need it to change your name with government agencies, financial institutions, schools, and employers.
Changing a Child’s Name
An adult name change is generally a straightforward process. For a minor child to change their name, a parent or legal guardian must consent and be involved in the process.
First, the parent must file a Petition for Change of Name with the court and get a court date. If the child has another custodial parent, they may receive a notice and a chance to respond.
Next, if a judge grants the request, the parent will get a court order called a "decree" changing the child’s name. The entire court process may take several months, particularly if one parent objects to the child’s proposed name change.
Prohibited Name Changes
Certain names are illegal under the law, including:
- Racial slurs
- Confusing names that include numerals or punctuation
- Anything intimidating, offensive, or can be considered obscene
Finally, special laws are in place for state prisoners and registered sex offenders wanting to change their names. If you’re under the jurisdiction of the Department of Corrections, you’ll need to consult your probation or parole officer for more information.
2. File the Appropriate Paperwork With Government Agencies
When the legal process is completed, you have a new name. The next step is to update official documents and state IDs, such as your driver’s license or birth certificate. It’s also a good idea to contact friends and relatives to let them know about your new name.
You should consider taking the following actions:
- Changing your driver’s license through the California Department of Motor Vehicles (DMV)
- Applying for a new Social Security card through the Social Security Administration (SSA) at your local Social Security office to ensure federal benefits aren’t disrupted
- Informing any financial institutions such as your bank account providers, credit card companies, loan holders, financial planner, or tax consultant
- Updating your personnel file with your employer’s Human Resources Department
- Updating your records with professional licensing bureaus, such as for real estate, law, and medicine
- Requesting a copy of your new birth certificate
3. Start Using Your New Name
Once you’ve changed your name, use it freely. The law cares about publicizing a name change, and one of the best ways to do so is to use your new name in public. Whether that’s at social gatherings or community events, making your new name known will make it easier for you. There are few, if any, restrictions in place once the legal requirements for changing your name in California are met.
How Long Does a Name Change Take in California?
The name change process usually takes around two months if a court petition is necessary. It can take around three months if the court also requires public notice of your new name. The process may take longer if you have unique circumstances.
A name change can also be concurrent with your marriage or divorce timeline. The timing depends on how long it takes to complete the underlying legal process.
How Much Does a Name Change Cost in California?
The total cost depends on the name change process you use. It can include court filing fees and newspaper publication fees. If you need legal guidance, you may also factor in attorney’s fees.
Court Filing Fees and Waivers
California court petitions for a name change charge a filing fee of around $435 to $450. Check with your local court clerk’s office for the current fee schedule.
Name changes for marriage or divorce don’t require an additional filing fee. They are already included with the marriage license or divorce filing.
Some applicants may qualify for a fee waiver. Eligibility is generally based on income or public benefits. You can fill out a separate Fee Waiver Request form and attach it to your name change application. The court will typically respond within ten days. If it denies the waiver, you must pay the fee to continue the name change process.
Proof of Publication Costs
Newspapers charge different amounts for name change announcements. In Los Angeles, for example, publishing fees typically range from $30 to $120. The largest publications may charge over $500. Applicants may want to shop around to find the right publication for their purposes and budget.
Do I Need a Lawyer To Change My Name?
No, many people can complete California’s name change process without a lawyer. Yet, there are some circumstances and reasons you might want to work with one.
Factors that might call for an attorney’s help include:
- You want to change your name for safety purposes, such as stalking or domestic violence
- You have a complication with your identification documents
- You are subject to a criminal registry
- The state has wrongfully rejected your name change application
- You would like assistance with the legal process
How To Change Name and Gender Marker for a Minor in California
Minors in California who are in the process of a gender transition or identify as transgender, non-binary, intersex, or gender non-conforming can legally change their name and gender marker on important government documents. To do this, their legal parent or guardian must file the request on their behalf.
The following steps will help you understand the general steps under California law for completing a name change or gender marker change for a minor.
Legal Name Changes for California Minors
To obtain a court-ordered name change in California, the legal parent or guardian of the minor must file the following documents in the superior court of the county where the minor lives (as well as any additional legal documents the county might require):
- Petition for Change of Name
- Attachment to Petition for Change of Name
- Order to Show Cause for Change of Name to Conform to Gender Identity
- Civil Case Cover Sheet
- Supplemental Attachment to Petition for Change of Name (Declaration of Guardian) (if a legal guardian is filing)
- Decree Changing Name Form OR Decree Changing Name of Minor (By Guardian) (if a legal guardian is filing)
The court fee is $435, but you can request a fee waiver if you can’t afford it.
What If a Parent Doesn’t Agree to a Minor’s Name Change?
A minor needs at least one legal parent or guardian to file the application. If another parent or guardian doesn’t agree to the name change, they will have an opportunity to disagree through what is called an "objection."
The applicant must give notice to any living parent who didn’t sign the petition. If a parent disagrees with the name change, they can file an objection within six weeks of the date the petition was filed. The California court will set a hearing date and send a notice with the date of the hearing.
If no one files an objection within the six-week period, the court will grant the petition without a hearing.
What Happens After You Get a Court Order?
After obtaining a court order, the minor should update their name on all other government ID documents. Start with the issuance of a new birth certificate. Other identity documents might include the following:
- Birth records
- Medical records
- Insurance identification card
- School records (including school ID card)
- Social Security card and other Social Security records
- Immigration and naturalization documents
- Driver’s license or state ID (Make sure your name is updated with the Social Security Administration (SSA) prior to applying for a new driver’s license or ID card with the Department of Motor Vehicles)
- U.S. passport (you can get a passport application at travel.state.gov)
Changing Your Gender Marker on Your California Driver’s License or Birth Certificate
In California, you can file an application to change both your name and gender marker at the same time. A court hearing will only be held if you are requesting a name change along with your gender marker change.
To change your gender marker on your driver’s license or ID, you’ll have to file a Gender Category Request form at the DMV (along with a court order if you’re changing your name too). You’ll have to:
- Pay a $30 fee
- Get your fingerprints scanned
- Have your photo taken
To get a change of gender on your California birth certificate, you’ll have to file an Affidavit to Amend a Record in the Vital Records office of the California Department of Public Health. There’s a $23 fee for your new birth certificate and a $25 fee for every additional certified copy you need.
You do not need a court order to change your gender on a driver’s license/ID or birth certificate in California.
Is the “X" Gender Marker Available in California?
Yes. California provides a non-binary “X" gender marker option on both driver’s licenses/IDs as well as birth certificates.
When to Contact an Attorney For Help With a Name Change or Gender Marker Change
Changing your name, whether after marriage, divorce, adoption, or otherwise, is a major life event. Get more information about the process on the California court’s self-help site.
Changing your gender marker can be even more significant. A skilled attorney can give you legal advice about the process of filing for a new name or a gender marker change in California. They can also help determine the best steps to protect your privacy and safety throughout the process.
Contact a local attorney today to learn how they can support you or your minor child with a name or gender marker change.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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