How to Legally Change Your Name in Georgia

While marriage and divorce are two of the most common reasons to change your name, many life events can necessitate the process. And, while there are some formalities you must follow, you can legally change your name in Georgia in just a few simple steps.

Petitioning for name change

If you don't change your name during your divorce or marriage but decide to do so later, you can petition your county Superior Court to make the change. Provide your current name, birth date, address, your desired new name, and the reason for the change. This also applies to people who want to change their name for other personal reasons.

1. File a Petition to Change the Name of an Adult

First, you will need to file a Petition to Change Name of Adult with the Superior Court Family Court Division in the county where you live. Most courts have copies of the forms available online or at the clerk's office. Alternatively, you can work with an online legal service provider to prepare your name change petition.

On the form, you must explain why you want to change your name and certify that you are not doing so to deprive anyone of their legal rights. For instance, you cannot change your name to avoid paying your debts, evade criminal charges, or deceive people for fraudulent purposes. The petition must be verified before a Notary Public.

2. Publish notice of your request for name change

You are responsible for publishing your intent to change your name in your local newspaper within a week after filing your petition. The notice should include:

• Your current name
• Your desired name
• The name of the court hearing the petition
• The petition's filing date
• A statement notifying the public that objections to your name change may be filed with the court

The notice must appear in the newspaper at least once a week for four weeks. You will need to file proof with the clerk of court's office that the notice was published for four weeks in a row.

3. Request and attend your name change hearing

If no one files an objection to your name change after four weeks, you can request a hearing date from the clerk of court. The clerk will schedule a hearing and notify you of the hearing. If you do not receive notice of the hearing within a few days, you should check with the clerk's office. Your petition will be denied if you miss the hearing.

At your name change hearing, the judge assigned to your case will review your petition and consider your reasons for requesting a name change. While this is a formal process, most name change hearings last only a few minutes. Provided no one objected to the petition and your request does not violate any laws, the judge should grant your petition for a name change. Be sure to request certified copies of your name change order so that you can prove your name change to government agencies, banks, creditors, and other interested parties.

4. Notify government agencies

Georgia requires that you update your name on your driver's license within 60 days of changing your name with the court. Take a certified copy of the order to the Georgia Department of Driver Services to complete the process. You also need to change your name on your Social Security card through the Social Security Administration. If you have a passport, you can contact the U.S. Department of State to change your passport. You can contact the Georgia Department of Public Health to inquire about changing your name on your birth certificate if you desire to do so.

Changing your legal name in Georgia is not a difficult process if no one objects to your petition. In many cases, it can take longer to change your name on accounts and other documents than it takes to change your name with the court. Are you ready to start your name change process?

Changing your name in a divorce and a marriage

If you know during your divorce proceeding that you want to change back to a maiden or prior name, you can include the request as part of your divorce petition or response. When the court issues the final decree of divorce, it will include the change. You can then take the court order to the Social Security Administration and the Department of Driver Services (DDS) to update your identification documents. You need updated identification to change your identity on bank accounts, investments, insurance policies, and other financial records.

Similarly, you do not need to go to court to change your name if you do so as part of your marriage or remarriage. When you complete the marriage license application, simply indicate the name you want to use after the marriage. You may keep your current one, take your new spouse's, hyphenate your own, or use your maiden name as your new middle name, or take on a new last name. After the marriage, simply take the marriage certificate to the Social Security Administration, DDS, and other government offices as appropriate to update your legal identification.

How to change the last name of a child in Georgia

Changing the last name of a child in Georgia has some requirements, including filing a petition, posting the request in a local newspaper, and obtaining consent of the parent(s) or guardian.

There could be a few reasons why someone might want to change the last name of a child. For example, if the child is raised by the mother, and the father isn't present, the mother may want the child to have her last name. Additionally, if one parent is deceased, the other parent may change the last name of a child.

Below are the steps required to change the last name of a child in Georgia.

1. Present a petition to the superior court

If you want to change your child's last name, you must file a petition requesting the name change with the superior court in the county where your child lives. In this petition, you must describe the reasons for the name change.

2. File a notice

Within seven days of filing your petition, you must post a notice in your local newspaper stating your desire to change your child's last name. In the notice, you'll include your child's current name, the desired new name, the court where you filed the petition, the date you submitted the petition, and a statement giving anyone a right to object to the name change. This notice must run for four weeks.

3. Obtain consent of parent(s)

If the child's parent(s) are living and have not abandoned the child, then they must complete and sign a consent allowing the name change. This consent must be attached to the petition filed in the superior court. If, however, they haven't contributed to the support of the child for the previous five years or more, then the court doesn't require consent.

4. Send petition copies

When you petition to have a child's name changed, the parent(s) receive a copy of the petition. If the child lives with a guardian, then that person gets a copy of the petition.

5. Grant name change

If no objection to the name change occurs, then the court grants the request after 30 days in cases where the parent(s) or guardian live in the same state. If they live outside the state, the court grants the request after 60 days.

If an objection to the name change occurs, then litigation may arise. These cases can become complicated, and you'll need to hire an experienced domestic relations attorney. Georgia courts place a high value on consent and the best interests of the child. If you get into a contentious situation, you don't want to navigate that alone.

Before you decide to change your child's name, you may have questions about the process in Georgia. If you do, you should consult with an attorney or use an online service provider for assistance or guidance. By seeking legal advice, you can navigate through this process knowing that you're gaining peace of mind for both you and your child.