Georgia Rename Statute Intro
In the state of Georgia, the name change laws are found in the Official Code of Georgia Annotated sections 19-12-1 through 19-12-4. These laws are important because they set forth the legal process that individuals need to follow to have their names legally changed. An official name change can provide a fresh start by helping people leave behind the identity they have outgrown or move on from a difficult period in their lives. This is just one reason that people may wish to change their names.
The procedural steps necessary to obtain a name change in Georgia differ, based on the circumstances of the individual seeking the change. For example, adult residents of the state who do not have felony convictions generally will be able to go through the process fairly quickly, paying a small fee and publishing their name change in the local newspaper . People who have been convicted of felonies need to get a pardon from the state before they will be eligible to have their names changed by the courts. In addition, parents sometimes seek to have the names of their minor children changed. If both parents agree to the change, the process typically will be straightforward. If not, things can get much more complicated.
When people have gone through the legal process of having their names legally changed, the process will be reflected on their vital records certificates and in the Judicial Council forms database. Individuals should make sure to learn about any state-specific requirements for a name change that apply to their unique situations and follow the appropriate procedures.
Who Can Apply for a Name Change in Georgia
Before you can file, know that you have to be eligible. You have to be at least 18 years of age to ask a Georgia Court to change your name. If you are 14 or older, your request has to be approved by your parents. If you are under the age of 14, you have to have permission from the court (which is hard to get in most cases). Also, to be eligible you must be a resident of the county where you are asking.
Other questions to answer: Are you a convicted felon? If yes, then you have to ask the Georgia Board of Pardons and Parole for permission to change your name. If they grant permission then you have to submit a copy of their permission letter to the court. If you are on probation or parole, you have to get your probation officer’s permission. And if you have to register with Georgia’s sexual offender registry, then you have to ask for permission from the Georgia Bureau of Investigations.
The Process for Changing Your Name
Changing your name in Georgia in 3 Steps
The process of a legal name change in Georgia begins with the filing of a Petition for Name Change which is a legal document that you can obtain from your local courthouse or city hall. In Georgia, there are no federal or statewide restrictions that limit your ability to change your name due to marital status. Personal choice only and other specific designations such as " junior" or " senior" determine the choice of the new name. The next step is to get a positive outcome on your Georgia name change. If you experience a negative outcome, then a name change will not be possible until you wait the period designated by your court system to re-file for a name change. One common reason for denial is if there is an existing case in the courts that includes parents seeking the name change for a minor child. Not all of the reasons that your name change may be denied will be easily identified without the assistance of your name change attorney. Your name change attorney will help you to mend or completely avoid conflicts and reduce the overall timeframe to receive your name change. Your petition will need to include your personal information and the reason for the name change that you are requesting. Your personally identifying information that must be included on the petition are:
Name;
Address;
Date of Birth;
Race;
Gender;
Occupation;
Place of Birth;
Your new name;
You can make this request to change your name under the general statutes of section 19-12-1. To begin the process of legally changing your name in Georgia, you merely need to prepare name change petition. This is where you should get your attorney to help. They will help you gather the evidence that is required which includes your birth certificate, social security number, and a picture ID. It is also important to be aware that there are additional min requirements if you want to change the name of a minor child.
Required publications must be followed. To receipt for the court: 2 days before the court date for the petition. An ad is placed in the legal organ for the court system as required under section 9-1-41.
The next step in the process is basically waiting for a court date. You do not need to attend any hearings or anything like that because it enters automatically. When you receive your order, it will be necessary to get 2 certified copies of the order. You will be granted a hearing in this process. It is extremely easy to get this hearing date and will take from 1-3 months after your submission of the petition. If you have children and wish to file for their name change as well, then the initial name change of the parents should take place before their name is legally changed. This is only the time that it will take to get the approval for your name change to take place. There are waiting periods that must be observed which are established by the court and by law.
You can get the list of all of the different court locations and their contact information at georgiacourts.org.
What You Need for a Name Change Application
Though the document list can vary from county to county, the following documentation must be included with any petition to change your name in Georgia:
- The original and one copy of the petition.
- One certified copy of your birth certificate or U.S. Passport (if you are a citizen) or one certified copy of your birth certificate from outside of the U.S.
- Identification: A Georgia driver’s license or a Georgia identification card (or a certified copy of your driver’s license from a foreign country and a certified copy of your driving record from the United States).
- Proof of residency: Official document showing your current address in the county in which you are filing your petition.
- A completed verification form, Sworn to and Recorded by Deputy Clerk of Superior Court (form may be provided by your local court).
- Costs: The required filing fee; payment method depends on each county’s rules and regulations.
- Other information: May vary from county to county.
Additional information may be provided by the court clerk or explained on your local superior court’s website. If you have any questions, feel free to call or stop by your clerk’s office as they’ll let you know exactly what you need to have ready for the petition filing.
Fees and Costs for Name Changes
Aside from the legal process, it can be complicated and confusing to know what fees or expenses could be involved for a legal name change. The first cost associated with a legal name change in Georgia is the filing fee. A name change request should be filed with the Superior Court. The filing fee is due when the Petition is filed with the Clerk of Superior Court. The filing fee varies by county. Regardless of the county, however, this cost is generally quite reasonable. The filing fee for an Adult Name Change is usually around $200. If you are changing the name of a minor child, there is typically no additional fee to ask the court to change the child’s name. That said, there may be certain exceptions for instance the filing fee for a minor child may be around $200 but if the child is being adopted there might be an increased filing fee due. You can usually contact the clerk of your local Superior Court to learn what the filing fee would be for your county.
Most name changes require publication in the legal notices section of the newspaper. A change of name for a minor child usually requires publication of the change in the legal ads of the newspaper in the county where the child lives. If the newspaper does not charge a fee for the court published legal ad (which is rare) then there is no charge. The cost of the newspaper is payable to the newspaper. The cost of the legal ad for a minor child usually amounts to between $60 and $160. The cost of the legal ad may be less expensive in some parts of the state, but the cost of the legal ad will be more expensive in some other parts of the state. However, in general, the expenses associated with a legal name change are very economical indeed.
In addition to the above-mentioned filing costs, newspaper advertisement costs, an attorney may charge a fee for the legal name change itself (in many circumstances, an attorney may be willing to prepare the paperwork needed for you to file with the court at no charge whatsoever). Where there are additional issues that add to the scope of work required, it may be necessary to charge a fee. The name change itself generally involves preparation of a few documents including a petition for name change, notice, entry of order, and a few additional documents. In most name change cases, the attorney’s fees will run a few hundred dollars. An attorney is likely willing to prepare the paperwork for an adult name change for a significantly lower fee (sometimes as low as about $50), but this will vary significantly from case to case.
Other associated expenses with a name change may include transcription fees (not uncommon when changing a name as a result of a marriage/divorce).
Timing & Name Change Processing
A common question that clients have is how long the name change process in Georgia will take. When clients and the general public think of "name change," they tend to think of changing their name in Georgia for a court proceeding such as a divorce or a modification of child support. However, there are many other reasons why a person might change her or his name in Georgia. The timing of when the person files the name change petition with the court is very important.
The way it works is that when your petition seeking to change your name is filed with the court, the clerk’s office enters the date on a postcard called a "Rule Nisi." Essentially, the rule nisi puts the whole world on notice that you intend to change your name . Assuming that you have followed all of the rules for the name change, you have put all the potential world’s interest on notice, following which the court will grant the name change and issue an order reflecting the change of name. The Rule Nisi will then be taken out of your file and remain in the public record for posterity. While, again, there is no specific statute regarding the amount of time between filing of the petition and the granting of the rule nisi, the court rule is that at least 30 days must pass from the filing of the petition to the hearing on the question of whether the name shall be changed. Of course, if the name change is uncontested, the court will enter its order on the first appearance date (as the parents are requested to do in dependency cases). However, shall there be an objection, 30 days is the minimum statutory amount of time that must elapse from the date of the filing of the petition for the name change and the hearing.
Name Change for Minors
When it comes to changing the name of a minor in Georgia, the rules are much more stringent than they are for adults. The law requires that both parents provide consent before a minor’s name can be changed through the courts. If both parents have legal custody of the minor, then consent is required from both parents.
In the event that only one parent has legal custody, that parent may provide consent for the name change on behalf of the minor without any consent from the other parent.
If the minor is old enough, the court may also require the minor’s consent for the name change. The judge may interview the minor in chambers out of earshot of the parents. If the judge cannot interview the minor, such as if the minor is too young or if the minor is unable to understand the legal process, the request to change the minor’s name will likely be denied.
The name change process for minors is very similar to the process for adults, but there are also a few additional requirements. After the relevant forms are filed with the Georgia court where you wish to file your petition, the court will schedule a hearing on the matter. At the hearing, both parents and the minor are required to appear.
In order to fully complete the petition, parents should also make sure to provide notice by publication. Once the petition has been filed, the local newspaper where the minor lives must publish a notice of the name change requirement for the position for once a week for four weeks. This is why parents should always contact an attorney to help with the legal process, as there are many more steps involved.
If Your Name Change is Denied
If you are unhappy with the Court’s ruling denying your petition to change your name in Georgia, the good news is that Georgia divorces and name changes are subject to appeal. That means you have a second opportunity to seek the relief you did not receive your first time through the system.
If the judge above was wrong in her order denying your petition, sometimes you can cite case law in your brief to the appellate court showing that the judge misapplied or misinterpreted the law. In such circumstances, the case should be remanded back to the trial court for a new ruling. On the other hand, if the law was properly applied and your birth name was an impediment to your social integration, it would be fair for the appeals court to remand the case back to the same judge for a statement of the specific reasons for the denial of your name change request. With the reasons for the denial more clearly set out, you then have appropriate grounds for an appeal, within thirty (30) days after the entry of the order denying the name change by a competent authority. Alternatively, if the judge above improperly weighed evidence and denied your name change petition based on her opinion of your credibility or her subjective position on your particular circumstances, a new judge should be assigned to your case for findings of fact to be made based upon the evidence introduced at trial rather than the judge’s subjective observations. Examples of improper reasons for denying a name change include:
• It was too soon after the divorce (although this is the only time the appeal period is short enough for the appeal to be successful)
• The judge knows about the person’s past and disapproves of their choices
• The judge doesn’t think your new name will be any different than the old one
• There was no notice to the other spouse of the name change action (perhaps something else to consider in those cases where children are involved) While a judge has broad discretion in doing what she wants in a divorce case, in Georgia divorce and name change action law is not absolute and absolutely must be observed. Where the law is not observed, the action must be reversed.
Post Name Change Checklist
Once you have legally changed your name in Georgia, it’s time to update the name on all the relevant records and identification.
Social Security
You only need to get a new Social Security card that reflects your name change. The Social Security Administration does not require you to change your name on the card, but the cards tend to be archaic and interruptive to the overall flow and professionalism of the documents.
Georgia driver’s licenses and ID cards
You must go to your local Department of Driver Services (DDS) location to apply for a new Georgia license with your new name. You can’t do this online. You need to take an application, a valid photo ID – like a passport – your current Georgia license (you cannot be licensed in multiple names), and payment for the new license fee.
Bank accounts
You will need to go to your bank in person and provide a copy of your court order changing your name, along with whatever other information or documentation the bank requires, in order to change the name or names of the accounts you hold. You may need to provide your old license and/ or bank cards, and you will need your new license. If you are the only signatory on the account, the bank can likely do this in a few moments, but you may need to wait for a check to clear from a debit or credit transaction under your old name.
Other agencies and companies
You also need to contact all other agencies, people, and companies with whom you have an account or other interest that uses your old name. Utilities, school records, work records, tax forms, and government agencies are a few examples. In most cases, a copy of your court order should suffice in advising them that you have a new name under which to conduct your business. You are not required by Georgia name change law to change your name on an informal or non-legal basis anywhere, but many people do so for things like email addresses, social media, insurance policies, etc.
Georgia Rename Laws FAQ
How long does the name change process take in Georgia?
The process can go quickly or slowly depending on the county. The best way to find out how long it will take is to call your local probate court judge. The cost for doing so is free and staff members can tell you the general timeframe.
My spouse and I were divorced in another state. Does Georgia have jurisdiction to enter a name change on my behalf?
Yes, as long as you live in Georgia and you meet the residence requirements. The most difficult aspect of entering a name change when a person has lived in another state is proving the residency requirements are met.
My adult son wishes to change his name , but I will not agree to it. Can my son change his name anyway?
Yes, he is an adult. If he were a minor, then you would have the ability to deny it.
I wish to file for a name change without a hearing. Is this possible?
Unfortunately, it is not. All adults changing their names are required to appear before the judge. During this time, the judge will ask the person some questions about why the name change is requested and whether any fraud is contemplated.
I wish to change my name and I have an active arrest warrant. Will that prevent me from changing my name?
Yes, if the court finds that the name change is being used as a way to avoid prosecution.