Navigating the Process of Legal Name Change in Georgia
There are many reasons why a person may need or want to change their legal name in Georgia, ranging from the mundane to the more complex. A common reason is marriage or divorce, as each may require a change of one’s last name. Adoption is another, both for the adopting parent and adopted child. A transgender individual may also wish to change their legal name if it no longer corresponds to their gender identity. Others might seek to change their name because their current name is the cause of repeated harassment or abuse. It is not uncommon for some people to pick a new name that emphasizes a particular family relationship, such as "Mom," "Uncle," or "Reverend." For foreign-born members of a family, a Georgia name change may also simplify issues such as filing US tax returns or regulating long-term residency. This is especially common among persons who have dual citizenship in the United States and another country. In order to ensure that your legal name change in Georgia is valid , you should do so through the court system. Georgia law allows for any adult to change his or her first and/or last name. The new name must not be done for the purpose of fraud or to avoid criminal prosecution. A name may not be changed to evade creditors or to change one’s identity for the purpose of education, employment, or financial aid. Once you decide to change your name, the next step is to petition the court for a name change. This means filing a petition in the county where you reside. You will also need to pay a filing fee. The court will then set a hearing date for the matter, which will probably be a few weeks away. Approximately two weeks prior to the hearing, you will need to post evidence of your name change in the newspaper.
Collecting Required Paperwork
After submitting your petition, the first thing a Georgia court will ask for to ensure you are serious about your name change are documents proving who you are, where you live, and who you are not. Yes, when you are changing your name in Georgia, your background can play a role.
Essentially, the legal system wants to make sure you are you, and that you are not trying to change your identity to get away with any sort of crime or fraud.
The required documents include your identification documents (like a driver’s license or state ID card), a document establishing your residency, and any previous name change paperwork.
Here is a list of necessary documents for gathering:
Identification Documents:
In Georgia, identification documents are used as a proof of identity.
Usually, any government-issued ID will suffice, such as a licensed driver’s license or a state ID card.
Other forms of ID include:
Keep in mind that if you don’t have any of the above forms of ID, you can go to your local sheriff’s department and have them issue a photo identification.
Proof of Residency:
Proof of residency establishes where you live the majority of the year.
Proof of residency can be easily established with two of the following:
If you have your legal name changed previously through a Georgia court order, you will need to show a certified copy of the order granting you your name change.
Have these documents ready before you start your Atlanta name change, because you will have to provide them to the court.
Petitioning for Name Change
The first step in legally changing your name in Georgia is to ensure you have completed the publication requirement. To do this, you must publish the order of fix date and the notice of name change from the court in the local newspaper of your county. We recommend the newspaper listed as "legal organ" in your county, as this paper will be required to post the legal advertisement. Ensure that the editor of the paper has your correct name, address, and contact number and provide a copy of the advertisement so that the editor may promptly contact you with any questions or concerns. The clerk will provide you will proof of publication for your records. After the publication requirement is met, the petition for name change, available on the Georgia Supreme Court’s website, must be completed and all accompanying documents filed. The petition includes a cover page and nine forms which include the petition for name change, notice of petition to change name, consent to change name (if applicable) and verification form, proposed order giving notice of hearing and setting hearing date, income disclosure statement, notice to court and other parties and verbatim petition form. Names are to be typed or legibly printed in the petition, and you must choose new name and birth name and provide any further names or prior names you have been known by. Include your date of birth, address, statement whether you would like to take your spouse’s name if applicable, and the names of any children under your care under the age of 18. You are required to pay filing and service fees to file for a name change and have the petition and notice forwarded to other involved parties. The current filing fee is $35.00 in the majority of counties. If you wish to change the names of other individuals on the petition, such as children, you must also pay a fee for their name changes as well. This usually falls between $5.00 and $15.00.
Attending Court Hearing
As for the hearing itself, you will either mail or hand delivery a copy of the notice to the clerk’s office of the superior court in the county where you were domiciled at the time of the filing of the application, and then you will be required to attend the hearing. You will sit at the counsel table with your attorney or just alone. First, the judge will put the name of the case on the record and hear from the public regarding any objections to your name change. The clerk will call witnesses to verify who you are and whether you are the person who filed the name change application. Now is the time when you give your testimony. Your attorney will ask questions about why you are changing the name, whether you are changing in order to commit fraud , whether there are any criminal history issues in your past that you want to change your name to put behind you, etc. Then the Judge will also ask you direct questions. The hearing will not take much time; the clerks usually schedule just 15 minutes for each case. After the judge asks you any additional questions, the judge will either approve or disapprove the name change. If your name change is granted, the staff attorney will prepare a formal "decree" of name change and submit it to the judge for signature usually within a couple of weeks. The clerk’s office will issue certified copies of the decree of name change, which you should send to banks, Social Security, Georgia Department of Driver’s Services (Georgia DDS), and any other places that require your name change.
Post-Approval Process
So, your name change is approved by the law court (or the judge), you have a certified copy of your name change order, and you can legally begin to call yourself your "new" legal name. Congratulations on this huge step in your new journey. Now you need to take a few more steps to finalize your name change. The first thing you will want to do after you receive your name change order from the law court, is to update any personal records you have with the Social Security Administration (the "SSA") at your local SSA office by submitting your name change order from the law court to the SSA with a completed Form SS-5. You can obtain Form SS-5 through the SSA or find the form and instructions for completing the form at the SSA’s website. Make sure to bring a valid and current form of identification with you. Next, you will need to update your driver’s license records with your state’s department of motor vehicles. The steps for doing so vary from state to state, but the process is similar. For example, in Georgia, you can go to your local department of driver services and show them a certified copy of your name change order from the law court. Other personal records you may wish to update include bank accounts, employment records, etc. In general, if there are any important documents, accounts, or providers, you may want to update them with your new legal name. While you are at this, remember it may be worth your while to keep a certified, recorded copy of the court’s name change order with you in case you do not have access or cannot obtain a certified copy. Finally, you will need to update your original name or names on any birth certificate you may have. There are no universal steps for updating a birth certificate. Instead, most states likely have their own processes for updating an existing birth certificate. Thus, it is worth your while to look into the laws and procedures for doing so in your state. Some states allow name changes via a Court, while others recommend those seeking a name change to request the name change directly through the state’s Department of Health. Moreover, some states allow individuals to obtain a waiver from the state’s department of health for not needing a court order for the name change when an individual’s name is changed via a marriage or divorce. If you were born in Georgia, an adopted person born outside of Georgia, or an original record born from 1919 to 1960, you can file an application to change your name or update your birth certificate to reflect your name change, this process is different depending on if you were born or raised in Georgia so please refer to the following section of the Georgia Department of Vital Records website for additional information about obtaining a name change for your birth certificate for if you were born in Georgia, born outside of GA and adopted, or if your original record was from 1919-1960. If you are not a resident of Georgia, you may apply for a correction of your birth certificate via the county court where your birth occurred. If you were born out of state or if you were born outside of the United States, you may be able to apply through your state’s vital records system if they recognize your foreign birth. If you are one of the individuals who are legally eligible to change the name on an original birth certificate, you must send the following documents with your application: (1) a certified name change order from the law court or original certified marriage certificate or divorce decree (typically from the jurisdiction that issued it), (2) a photo ID for the person applying for the name change request, (3) payment for the amendment fee, and (4) copies of supporting documents such as US passport, or US military ID card, US driver’s license, Tribal enrollment card, etc. You also may be required to provide additional information such as a notarized affidavit. Therefore, it is important to check with the state’s website regarding what is required to update an original birth certificate.
Dealing with Exceptions
When discussing how to change your name in Georgia, it is imperative to address several "special circumstances" that may affect the process. One such situation is when the applicant is a minor. In Georgia, there are two age thresholds for parents and their minor children to change their names. Generally, a parent may petition to change the name of his or her minor child under the age of 18 when circumstances require. On the other hand, a minor between the ages of 14 and 18 may file to petition for the name change without his or her parents’ consent. However, if both parents are living and one parent objects to the name change of a minor under the age of 14, the name change cannot occur.
Another special circumstance where name changes are common is in connection with a marriage or divorce . When a person obtains a new name as a result of either a marriage or a divorce, he or she must use that new name on all legal documents, including those filed in court and renewals of things like birth certificates, social security cards, and driver’s licenses.
In addition, people will often request a name change for entirely personal reasons. For instance, some name changes may be sought for religious reasons or simply because a person desires to go by a new name that more accurately reflects their self-identity. Sometimes, a name change is requested in order to shed a previous identity, such as a woman may go through a name change following a divorce. Furthermore, a person may also undergo a name change as a result of gender reassignment or unassigned gender at birth, as part of the transitioning process to a new gender.