In Indiana, changing your name requires adhering to a certain legal process that guarantees your new name will be accepted by the state. According to Indiana law, anyone can petition the court system for a legal name change, regardless of whether they are going through a life transition or just desire a new identity. Here’s how to accomplish it.
Reasons for Changing Your Name
There are several common reasons why people may want to change their names. Some of the most frequent include:
Common Reasons for Name Changes
- Marriage or Divorce: After getting married, a lot of women change their last names, and after getting divorced, they might go back to their maiden names.
- Personal Choice: A new name might better capture your character, tastes, or identity.
- Adoption or Guardianship: A minor’s name may be changed to reflect the rest of the family by their parents or guardians.
- Religious or Cultural Reasons: People may alter their names in order to adopt a new cultural identity or as a result of a religious conversion.
- Error Correction: On legal documents, you might need to change the way your name is spelled.
Legal Requirements for Changing Your Name in Indiana
Before you start the process, it’s important to understand the basic legal framework around name changes in Indiana.
Who Can Change Their Name?
Anyone who is 18 years of age or older in Indiana may apply to have their name changed. On behalf of minors (children under the age of eighteen), parents or legal guardians may also submit a petition.
Restrictions and Prohibitions
There are some limitations to name changes in Indiana. You cannot change your name:
- To avoid legal obligations or police enforcement (such as debt).
- Unless the law expressly permits it, you cannot alter your name if you have been convicted of a felony.
- To deceive people or commit fraud (e.g., to conceal a criminal record).
Step-by-Step Process to Legally Change Your Name in Indiana
Here’s a breakdown of the steps you’ll need to follow to legally change your name in Indiana:
Step 1: Filing a Petition for Name Change
The first step is to submit a “Petition for Name Change” to the local court in your county. Your present name, the new name you want, and the reasons for the change must all be entered on the relevant legal paperwork.
Step 2: Publishing the Notice of Your Name Change
According to Indiana law, you must notify the local newspaper of your intention to change your name. This is done in order to inform the public and provide anyone who is against the name change a chance to voice their concerns.
Step 3: Attending the Court Hearing
A judge will consider your request at a court hearing following the filing of your petition and the publication of your notice. The hearing is usually simple, and if there are no legal grounds or objections, the court will approve your name change.
Step 4: Getting the Name Change Order
You will obtain a signed court order authorizing the name change as soon as the judge grants your petition. This is an important document since you will need it to update your driver’s license, Social Security number, and other legal records.
Detailed Overview of the Petition Process
What Information You Need
When filing the petition, you’ll need to provide detailed information about yourself, including:
- Your current full name
- The name you wish to change to
- Your date of birth
- Your place of residence
- The reason for the name change
Where to File Your Petition
The circuit court or superior court in the county where you reside will receive your petition for a name change. Prior to filing, you must have lived in the county for a minimum of six months.
Publishing the Name Change Notice in a Local Newspaper
Requirements for Publication
You are required to publish a notice of your name change in a local newspaper following the filing of your petition. This notification must be published once a week for three weeks in a row, per Indiana law.
Sample Name Change Notice Format
Notice is hereby given that (Your Current Name), residing at (Your Address), intends to petition the (Name of County) Circuit Court to change their name to (Your New Name). Any objections may be made at the scheduled court hearing on (Date).
Preparing for Your Court Hearing
What to Expect at the Hearing
The court hearing is typically short and uncomplicated. To make sure the name change request is not being made fraudulently, the judge will interrogate the parties. The judge will accept the name change if there are no objections.
Required Documents to Bring
- A copy of your filed petition
- Proof of newspaper publication
- Any identification documents (driver’s license, passport)
After You Receive Your Court Order
Once your name change is granted, you’ll need to update your name on all legal documents. This includes:
- Social Security Card: Report any changes to your name to the Social Security Administration (SSA).
- Driver’s License: To update your driver’s license, go to the Bureau of Motor Vehicles (BMV).
- Passport: Use your revised name when applying for a new passport.
- Utilities, credit cards, and bank accounts: Make sure you correct your name with utility companies and banking organizations.
Changing Your Name After Marriage or Divorce
Name Change Process for Married Individuals
After being married, you can legally change your last name in Indiana by providing your marriage certificate as documentation when you update your driver’s license and Social Security card.
Reverting to a Maiden Name After Divorce
You can ask to change your name back to your maiden name during the divorce process if you’re going through one. Your legal documentation for the name change will be the divorce decree.
Name Change for Minors in Indiana
You must submit a petition on behalf of the minor if you wish to change their name. Unless one parent’s rights have been terminated, both parents must agree to the modification. While additional parental documentation is required, the procedure for children is comparable to that for adults.
How Much Does It Cost to Change Your Name in Indiana?
Generally speaking, changing your name costs between $100 and $200, though the exact amount varies by county. This covers various administrative expenses as well as filing and publication fees.
Common Challenges During the Name Change Process
While the process is generally smooth, you may encounter challenges such as:
- Missed publication deadlines.
- Objections from third parties (though this is rare).
- Delays in court scheduling, depending on the county.
In conclusion
In Indiana, changing your name legally entails submitting a petition to the court, getting a court order, printing a notice in your community newspaper, and attending a hearing. You can formally alter your name on all legal documents as soon as you receive the court order. Even though the procedure may take several months, if you properly follow these instructions, your name change will be hassle-free and legally accepted.
FAQs
How long does the name change process take in Indiana? The process typically takes 2-3 months, depending on the court schedule and publication requirements.
Can I change my name without going to court? No, in Indiana, a court order is required for a legal name change.
Do I need a lawyer to change my name? No, hiring a lawyer is not required. You can file the necessary forms on your own, though a lawyer may be helpful if you encounter complications.
Can a minor change their name without parental consent? Both parents must consent to a minor’s name change, unless one parent’s rights have been terminated.
Is it possible to change my name if I have a criminal record? Yes, but if you have a felony conviction, additional requirements or restrictions may apply. Always consult with a legal professional if you are unsure.
GIPHY App Key not set. Please check settings