How To Change Your Name and Gender Marker in Georgia

Georgia law offers a few ways to legally change your name. The process you need to follow depends on the reason for your name change, whether marriage, divorce, or some other reason. If you're changing your name as part of a gender transition process, you can also change your gender marker in Georgia.

This article addresses the various ways to change your name in Georgia. It also discusses how to change your name with other government agencies. Finally, it covers how to change your gender marker in the state of Georgia.

Identifying the Correct Name Change Process

As mentioned above, the process you'll need to follow to change your name depends on the reason for your name change.

Marriage

Marriage is the easiest time to change your name. Georgia law permits you to change your surname (last name) when applying for a state marriage license. But Georgia's marriage name change law only works for changing your surname.

When changing your last name through a marriage certificate, you have four options:

1. Keep your given surname (the one you already have, often your maiden name)
2. Take a surname from a previous marriage
3. Take your spouse's surname, or
4. Combine your surname with your spouse's surname for a new married name

Just put your new name on your marriage certificate application. Your marriage license acts as proof of your new name. Get certified copies to submit to other government agencies as part of your name change process.

Divorce

Many people change their names during a divorce. Maybe you're a divorcing parent and want to keep the same last name as your children. Or perhaps you no longer wish to have an association with your former spouse's last name.

Georgia allows a court to restore a maiden or prior name during the normal course of divorce proceedings. Remember the importance of the marriage certificate in changing your name after marriage? The court's final divorce decree can restore your previous name. You can change your surname to any name you've had before.

Get copies of the court's divorce decree. You'll need them to complete your name change process with other agencies.

Petitioning the Court for a Name Change

You may be changing your name for reasons other than marriage or divorce. Maybe you don't like your name, or it doesn't match your gender identity. Regardless of the reason, you must fill out name change forms and petition the court for a name change.

This process allows you to change your name to whatever you want, but you must go through the courts. Filing for an adult name change involves some legwork. You'll need to:

• File a petition for name change in your county's superior court
• Verify the petition in a signed document
• Explain the reasons for your proposed name change
• Publish notice of your petition in your local newspaper and
• Schedule and attend a court hearing to decide the issue

A parent may also file a name change petition in the same manner on behalf of a minor child. A child's name change requires written consent of all parents. At the very least, they should get notice of the change.

The law requires a court proceeding, mostly to prevent illegality, fraud, or other questionable name changes. Georgia bans name changes for fraud. You can't change your name to avoid creditors, debts, child support, or spousal support obligations.

If the court grants your petition, the court clerk will issue you a certificate of change of name. That's your legal proof of a name change. Make sure to get copies of the court's name change order.

File the Appropriate Paperwork With Government Agencies

Once you've gone through one of the above name change processes, there's more to do. You must change your name with the Social Security Administration (SSA). To do that, fill out an application for a new Social Security card and submit your proof of name change documents. If you're changing your gender marker, you can do that at the same time. Say your preferred gender on your application, and the SSA will update its records to reflect the change.

Next, you must change your name on your Georgia driver's license. This must happen within 60 days of a legal name change. Contact the Department of Driver Services for that. You must appear in person at a customer service center for this step. Remember to bring your legal documents as proof of your name change.

Changing Your Gender Marker in Georgia

To change the gender marker on your identification documents in Georgia, such as your driver's license, you need to petition the court. As part of that process, you'll confirm you've had surgery to affirm your gender identity. Medical records can show proof. To protect your privacy, bring these records to your final hearing date rather than submitting them as evidence.

If the court grants your petition, you can use the court order to request a name change on your birth certificate or driver's license. Prepare to pay filing fees.

Get the Legal Help You Need in Georgia

The Georgia name change process is generally straightforward. But changing your gender marker can be a bit more complicated. If you run into trouble, contact an experienced attorney for legal advice. They can help you with the paperwork and support you need in any hearings before a judge.