Formal Name Change
by: Montana Legal Services Association (MLSA)
What is a name change?
A name change means just what you might think: You can change to a new name of your choice. You can get a name change in two ways: a formal (court-ordered) name change or an informal name change.
First, you should decide what your new name will be.
Then, you should apply to the court for a name change. To do this, you file a petition with the court. You take this petition to the district court in your community. Follow this link to find your local district court.
Filing a Petition
A petition is a form that you write for the court. This form should include the following information:
Your current name;
Your place of birth;
Your current residence;
Your new name;
The reasons for your name change. This is your chance to tell the court the important reasons for getting your name change.
If you are changing your name to protect yourself Please write in the petition that you want the court proceeding closed, and that you want all paperwork sealed by the court. You must give the judge a reason why you do not want anyone to know about your name change. If you don't give, your hearing date will be published in the newspaper.
If you cannot afford the filing costs Ask the Clerk of Court to give you an "Affidavit for Inability to Pay Filing Fees". If the court accepts your form, you will not have to pay any filing fees.
Hearing
After you file the petition, the judge will read it and set a hearing. The court will announce the hearing in the local newspaper, unless you ask for a sealed hearing. If the judge decides to seal your court hearing and request, you will be the only person who can get the information.
The court will send you information on the hearing in the mail. You must come to court on the day of your hearing. At the hearing, the judge will hear your side of the story. You may have to tell the judge about your plans to pay back your debts, about any criminal record, or about any children you may have. Be prepared to tell your story to the judge.
If the judge decides to let you change your name, he or she will fill out a court order. This order allows you to use a new name. It asks the Bureau of Vital Statistics to give you a new birth certificate. If you asked for a sealed name change, then this information will be sealed by the court. Only you will have access to the information.
What should I do after I get my name change?
If you get a formal name change, you can get a new birth certificate and social security number. The judge may tell the Bureau of Vital Statistics to give you a new birth certificate. If this does not happen, send the Bureau a copy of the court order with a request for a new birth certificate.
You should also send a copy of the court order to the following agencies:
Montana Department of Justice, Motor Vehicle Division
Department of Public Health and Human Services
Local election board
If you want your entire identity to change, you must end all connections between your new name and your old name. The best way to do this is to close all your open accounts and open the new ones with your new name. Otherwise, if an abuser knows your account numbers, he or she can possibly find your new identity.
What if I have children?
You can complete the name change process for your children as well. You must simply file the petition described above for your children.
Please note: This document does not apply to you if you are a married woman currently getting a divorce and you want your maiden name back. Usually, you can get your maiden name back by asking for it in the divorce papers. But please be aware that your ex will be able to see this paperwork.
For More Information:
Contact Montana Legal Services Association helpline at 1-866-666-6899.
Last Reviewed On: 07/15/08
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