How To Change Your Name in Indiana
By FindLaw Staff | Legally reviewed by Laura Temme, Esq. | Last reviewed May 18, 2024
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Indiana allows you to legally change your name for a variety of reasons. If you identify as transgender and want to change your gender marker, Indiana also allows that. The process you'll need to follow to legally change your name depends on the reason for the name change.
This article discusses determining the right name change process for your circumstance. It also addresses how to change your name with other government agencies. Lastly, it covers how to change your gender marker.
Identify and Follow the Correct Indiana Legal Name Change Process
Like most states, Indiana offers several different ways to change your name. The process you'll need to follow depends on the reason for your name change.
Marriage
Most name changes happen due to marriage. Marriage is a common reason for a name change. So, Indiana makes the process easy.
You can change your last name when you apply for a marriage license. List your new name on the application form. Once your marriage ceremony is over, you'll get a marriage license issued. The certified marriage license serves as legal proof of your name change.
Divorce
If your marriage ends in divorce, you can change your name as part of your divorce. During divorce proceedings, Indiana allows a woman to restore her maiden name or previous married name. Make this name change request in your petition for dissolution of the marriage (divorce suit). A court won't automatically change your name back unless you ask.
When the court enters its decree of dissolution (in other words, when the divorce becomes final), the court will change your name as requested. Like a certified marriage certificate, the divorce decree legally proves your name change.
Petition for an Indiana Name Change
If you want a name change for any other reason, you must file a petition in state court. You'll follow this process if, for instance, you're changing your name as part of a gender transition process. Expect to do the following:
- Provide the circuit court with personal information, including things like your driver's license number
- Prove you're a U.S. citizen
- Describe any criminal convictions
- Pay a filing fee
Indiana requires you, as the petitioner, to subscribe, swear, or affirm the petition under penalty of perjury before a notary public.
You'll also need to publish your name change petition in a local newspaper once a week for three weeks. You must do this at least 30 days before going to court. Once you satisfy that rule, a judge will hear your petition and can enter an order legally changing your name.
You can't change your name to avoid child support obligations, debt payments, or lawsuits, and a court won't allow a name change for illegal or fraudulent purposes. If the judge grants your name change request, you'll want to get certified copies of the court's order. You'll need these to change your name with other government agencies.
File the Appropriate Paperwork With Government Agencies
A marriage certificate, divorce decree, or court order legally changes your name. But you'll need an updated Social Security card, driver's license, and other identification to use it well.
Start by contacting your local Social Security office. You'll need to fill out an application for a new Social Security card and include documentation on your legal name change. If you're changing your gender marker, you can do that at the same time. Say your preferred gender on your application. The Social Security Administration (SSA) will update its records and issue you a new identification card.
Once your Social Security card gets updated, your next step is to get a new driver's license. To complete this step, you must appear in person at your nearest Indiana Bureau of Motor Vehicles (BMV) office. Wait at least a day after applying for a new Social Security card, and remember to bring proof of your legal change of name.
Changing Your Gender Marker
Suppose you identify as nonbinary or are going through a gender transition process. In that case, you might want to change your gender marker. Indiana allows you to change your gender marker on your birth certificate and driver's license.
You'll need a court order to change the gender marker on your birth certificate. Start by filling out Indiana's Name and Gender Marker Change Petition form.
If the court grants your request for a gender marker change, you can submit the court order, along with your old birth certificate, to the Indiana State Department of Health (ISDH). This agency updates vital records. The ISDH will issue a new birth certificate with the correct gender. Expect to pay a small fee.
Once you amend your birth certificate, you'll want to head to the Indiana Bureau of Motor Vehicles (BHV) to change your gender on your driver's license. Your new birth certificate serves as proof of your legal gender change. You can also submit a Physician's Statement of Gender Change form. You can also offer a physician's signed and dated statement verifying that you've completed a gender transition process.
Get the Legal Help You Need in Indiana
Changing your name or gender marker is generally straightforward in Indiana. If you're struggling with the process, you don't have to do it alone. Reach out to a qualified local attorney for help navigating legal documents.
Can I Solve This on My Own or Do I Need an Attorney?
- Family law matters are often complex and require a lawyer
- Lawyers can protect your rights and seek the best outcome
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
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