How To Change Your Name and Gender Marker in Michigan

Your name belongs to you. It's something you're born into, grow up with, and carry through life — uniquely personal to you. It's also written on your birth certificate, printed on your driver's license, and found on everything from Social Security cards to email accounts.

So what happens when it's time for you, as a Michigander, to change your name for marriage, divorce, or other reasons? How do you change your name in Michigan? And how do you change your gender marker if, for instance, you're transgender and going through a gender transition process?

This article discusses what process to follow for a name change in Michigan, depending on your circumstances. It also looks at changing your gender marker on important legal documents.

Follow the Correct Michigan Legal Name Change Process

It's most common for people to change their names when getting married. It's also common for divorcing spouses to change their names, typically back to a former last name. States regulate marriage and handle divorces, making name changes for these reasons relatively routine.

For other name changes, you'll need to petition the court asking for a change of name.

Marriage

You can change your name when getting married in Michigan. The Great Lakes State generally permits you to take a new name when you fill out a marriage license application.

But, unlike many other states, Michigan's marriage license application has no space to say whether you'd like to change your name. Instead, you sign the application with the name you'd like to use going forward.

When you've officially tied the knot (and finished the paperwork), the marriage certificate may prove your name change. Get certified copies of your marriage certificate. Your marriage certificate is necessary to update other official documents and records.

That said, because of the ambiguous laws around name changes in Michigan, same-sex couples or men who attempt to change their last names through the marriage license application process may run into problems using their marriage certificate to prove a name change. If that happens, you may have to petition the court separately for a legal name change, as described later in this article.

Divorce

Michigan law allows the court to change a woman's last name during the regular divorce process. There are some limitations. Generally, you can only restore your birth name or another name you had before getting married. You'll need to prove you aren't doing it for fraudulent reasons to change to another last name.

Once you're divorced, the court order or divorce decree will reflect your requested name change.

Petition for an Adult's Change of Name

All other name changes generally must go through a court process. In Michigan, you can petition the family division of your local county circuit court for a change-of-name order. This is the route you'll need to take if, for instance, you're changing your name after transitioning to a different gender.

This can take time. You'll need to:

• Fill out and file a petition with the court
• Give good reasons for changing your name
• Submit fingerprints for a state and federal criminal records search
• Publish notice of a name change as directed by the court (some exceptions apply) and
• Attend a court hearing

You can't change your name for any fraudulent or illegal purpose. The court will not allow you to change your name to avoid credit card companies, loans, court judgments against you, child support obligations, or other responsibilities.

Michigan requires all name change petitioners to prove no fraudulent intent behind their petition for name change. Michigan law defines intentionally including a false statement within a petition as perjury.

If you have a criminal conviction, you can still legally change your name in Michigan, but you should expect higher hurdles when convincing a court to grant your petition.

Petitioning for a Child's Name Change

The petition process also works for changing a child's name. A parent can file a petition for their minor children as long as they have legal custody. The consent of, or at least notice to, the other parent is usually required. There are exceptions for parents who are delinquent in child support payments or have specified criminal convictions.

Michigan also gives a voice to the child. A minor younger than 14 can express a preference, which the court must consider. A minor younger than fourteen can express a preference, which the court must consider.

File the Appropriate Paperwork with Government Agencies

Once you've gone through the steps of one of the routes above, your name is legally changed. But you're not out of the woods. You must put your new name on your identification and official documents.

Go through the Michigan Secretary of State's Office to update your driver's license and state ID. You'll also want to contact your local Social Security office to update your Social Security card.

Changing Your Gender Marker

The process in Michigan for changing your gender marker on essential documents is relatively straightforward. If you want to change the gender marker on your driver's license or other state-issued identification, you must fill out the Michigan Secretary of State Sex Designation Form.

Once you complete the form, bring it, along with your current identification, to your local Secretary of State office, where you'll submit the form and a small filing fee. You need to submit the form in person.

To change your gender marker on your Michigan birth certificate, you'll need to complete two documents:

• Application to Correct or Change a Michigan Birth Record
• State of Michigan Sex Designation Form

You don't need to submit proof of any surgical history or medical treatment to change your gender marker on vital records. But you will need to include a photocopy of a form of photo ID. This could be:

• A passport
• A driver's license
• A state identification card

Get the Legal Help You Need in Michigan

Changing your name is an important decision; you should do it right first. If you want help navigating the process of changing either your name or gender marker, reach out to an experienced attorney. An attorney can help you complete the correct name change forms and ensure you appear for any necessary hearing dates associated with your Michigan name change.