There are certain requirements to do a legal name change. The good news is California courts usually will accept the change for almost any legitimate reason. It is important to note that granting an application for change of name is discretionary with the Court. A great reference to review is courts.ca.gov website. Here is an overview of that site.
Here are the following steps to take when you are seeking a name change:
- You must first fill out court forms.
Based on your preference you have the option of filling out and completing your forms online or printing them and then filling it with the court. Make sure to confirm if there are any other local forms that need to be filled out.
- Then you must have your forms reviewed.
There are many states and court’s that have a family law facilitator or self-help center that can review your documents. You also have the option of reviewing it yourself or hiring a professional to look at it.
- Once you are done with your forms you must make at least 2 copies of them.
Once you are done filling out your forms you will have to file it with the court. The court keeps your original documents. This is why you would need to make additional copies so that you can have a copy for yourself and to publish is applicable.
- Then you will have to file your forms with the court clerk.
As mentioned in step three you will have to file your forms with the court. The court will stamp your forms as filed and keep the original filed document. You will the receive an Order to Show Cause that will have information about your court date, time and department number. Make note that every state has a filing fee. You can find out the filing fee by going to the website mentioned above. There is a fee waiver that you can fill out if you cannot afford to pay the fee. You would also file that with the court and wait to see if it will get approved.
- If applicable to you, you must also publish the Order to Show Cause for Change of Name.
For most people your name change will have to be published on a newspaper. This information can be provided by the court. Make sure to find out how much it would cost since every newspaper and state is different with prices.
- If you are incarcerated or on parole you must serve the documents.
If you are incarcerated or on parole, in addition to publishing on a newspaper, you will have to fill out Form NC-100, Form NC-110, Form NC-120 and Form NC-125.
- If applicable to you, you must go to court for your hearing.
You must file proof that you published in a newspaper with the court. Once this is complete you will fill out Form NC-130 for the judge to sign. The judge can either grant your request or set a hearing for you. You are assigned a court date make sure to attend.
- The final step is getting your Decree Changing Name from the court.
As mentioned in step 7 if the judge approves your name change he/she will sign your Form NC-130. Once the judge signs the form you can get a certified copy. This certified copy will now allow you to change all your legal documents such as your social security car, passport, driver’s license and birth certificate.
Getting a name change does not have to be complicated but there are a number of requirements and steps that you need to go through. If you prefer a professional let us at SmartLDA help you with your legal name change in California case! Contact us today for a free initial consultation!