How To Change Your Name and Gender Marker in Utah

If you're from Utah and want to know how to change your name or gender marker legally, you've come to the right place. Utah has a clear process to follow if you wish to change your name due to marriage, divorce, or for another reason.

This article discusses how to change your name in Utah, including:

• Name changes at the time of marriage and divorce
• How to petition for a name change for other reasons, such as changing your name to more accurately reflect your gender identity
• How to change your name with other government agencies

Lastly, the article covers how to change your gender marker on things like your Utah birth certificate or driver's license.

Legally Changing Your Name in Utah

The process you'll need to follow to change your name in Utah depends on the reason for your name change. Regardless of which method you follow, you must receive official documentation of your name change to update your driver's license, Social Security information, and other vital records.

Marriage

If you're getting married, you or your partner (or both) can change your last names when applying for a marriage license. Both parties must fill out an application at the county clerk's office. You must list your full name and the full name of your spouse-to-be, along with other required information.

Once you're married, make sure you get a certified copy of your marriage certificate. This certified copy serves as proof of your name change and will be necessary to update other records.

Divorce

In Utah, if you changed your last name when you got married, you can ask a judge handling your divorce to restore your former name or birth name.

The court can order your name change as part of the divorce decree, and a certified copy of the decree serves as legal proof of your name change. You must do this before the divorce becomes final. If not, you'll need to use the name change petition process.

Petition for a Change of Name

If you're changing your name for a reason other than marriage or divorce, or if you want to change your first name, you'll need to petition a court for an order to change your name. This is a distinct legal proceeding in your local district court, and the process is more involved. You can expect to:

• Fill out a petition form listing relevant information
• Provide reasons for seeking your name change
• Certify that you aren't prohibited from changing your name
• Attend a court hearing where a judge will consider the petition, and
• Complete any other steps required by law

A name change proceeding is usually pretty straightforward. But there are some notable exceptions.

For instance, you can't change your name if you're involved in a lawsuit or if you're on probation or parole. You also can't change your name if you're a child abuse offender. Nor can a name change be sought to avoid debts, creditors, or criminal charges. Finally, Utah courts won't grant a petition changing your name to "something bizarre, unduly lengthy, ridiculous, or offensive to common decency."

If the court grants your name change petition, a certified copy of the court's name change order serves as proof of your name change.

File the Appropriate Paperwork with Government Agencies

Your marriage certificate, divorce decree, or court order serves as proof of a name change. This is important because you must show proof to update your identification and official records.

Visit your local Social Security office to update your records and receive a new Social Security card. If you're changing your gender marker, you can update that information with the Social Security Administration (SSA) simultaneously. Just fill out an application for a new Social Security card and mark your preferred gender.

Next, contact the Utah Driver License Division to receive a revised driver's license with your new name. You'll need to submit proof of your legal name change to get a new license.

Changing Your Gender Marker

The process for changing your gender marker is more complicated than that for changing your name in the state of Utah. Assuming you're not looking to change your gender marker for a prohibited purpose (to avoid creditors or to commit fraud) and you're not involved in a lawsuit or on parole, you can change your gender marker by petitioning the court. But, the law requires you to prove:

• A transition to the sex sought in your petition
• Your outward expression of the sex sought in your paperwork (for at least six months)
• That you experience clinically significant distress because of the current sex on your birth certificate
• That the change you're asking for is a true and important part of your identity

You'll also need to get certification from the Department of Corrections affirming that you're not a prohibited sex or child abuse offender.

Plan on attending a hearing on your petition. If the court grants your petition, your next step will be to submit documentation of your gender marker change to Utah's Office of Vital Records and Statistics. You can then use it to change your gender marker on other legal documents. Be prepared to pay a filing fee, too.

What’s the Cost of a Name Change in Utah?

The Petition for Name Change requires a $375 filing fee. You do not need to pay this separate fee if you’re already changing your name in a marriage or divorce. You can also avoid this cost if the court approves a fee waiver. Courts sometimes change their filing fees, so check the fee schedule for the amount to include with your paperwork.

Other expenses are common during the name or sex change process. For instance, getting copies of documents or seeking legal help can add to the total cost. Newspapers also charge a fee to publish notice of a name change.

How Long Does a Name Change Take in Utah?

The name change process can take around two months if you file a petition. If the court has a heavy caseload, it may take extra time to schedule your hearing. Making sure you have properly completed forms and documents can help avoid delays.

You can skip this court process by getting a name change during your divorce or marriage. In these circumstances, your legal name change will only take as long as it takes to get married or divorced.

The process may take longer if you need support for a related legal matter, such as family law or criminal law. For example, you may be on the Sex Offender and Kidnap Offender Registry. Or, your ex might dispute a name change for your child. Working with a lawyer can help resolve these issues as quickly as possible.

Get the Legal Help You Need in Utah

If you're feeling overwhelmed by the process of changing your name and gender marker, you don't have to do it alone. Contact an experienced Utah attorney for help. An attorney can guide you through your Utah name change by walking you through the appropriate name change forms.