What legal documents are required to file for a name change in Texas?

Discover the legal avenues for name changes in Texas, and the circumstances under which it’s possible to alter your name, brought to you by the Law Office of Dana Baker. The procedures for changing your name vary, depending on your age and the specific reasons for the name change.

Can I revert to my maiden name during a divorce?

Absolutely. Through your divorce proceedings, you can request the restoration of your maiden name. This change isn’t automatic; it must be explicitly requested within your divorce documents such as the petition, waiver, or response. The change is limited to reverting to your maiden name; adopting a new name is not an option. The final divorce decree will officially document your restored name, serving as proof for updating your identification documents.

How can I change my name outside of a divorce?

For married individuals wishing to adopt their spouse’s last name, a marriage certificate suffices as proof. For minor adjustments to your first or middle name, an amendment application for your birth certificate is available from the Texas Bureau of Vital Statistics. A court order is necessary for last name changes.

To initiate a name change petition, you must be 18 or older. This process involves a filing fee and the submission of a fingerprint card with your petition. Your reason for the name change must be legal and deemed “in the public interest.” Attempts to evade creditors through a name change, for example, are not permissible.

Steps to follow:

1. Draft a Petition to Change Name of an Adult, guided by the “I want to change my name” instructions.
2. Obtain a fingerprint card via the Texas Dept. of Public Safety (DPS), which collaborates with Safran for fingerprinting services available across Texas at www.ibtfingerprint.com/locations.
3. Submit the verified Petition along with the fingerprint card and filing fees (approximately $200, though this may vary) in your local county. Should court costs be prohibitive, you may apply for a fee waiver by submitting a Statement of Inability to Afford Court Costs, with free forms and guidance provided.
4. Appear in court to testify regarding your reasons for the name change.
5. Upon approval, obtain a Change of Name certificate or a certified court order copy as proof of your new name.
6. Inform relevant agencies (e.g., Social Security Administration, Texas Bureau of Vital Statistics, Texas Department of Public Safety) of your name change, as they will not be automatically notified.

Can I change my name with a criminal record?

Yes, but additional stipulations apply. Registered sex offenders must include an updated sex offender registration form with their petition. All charges beyond a Class C misdemeanor must be detailed in the petition, including case numbers and court details. Felony convicts must demonstrate either a two-year lapse since their discharge from the Texas Dept. Criminal Justice (TDCJ) or from probation, or present evidence of a pardon.

Changing a child’s name:

For minor corrections to a child’s name, the Texas Bureau of Vital Statistics can amend the birth certificate. A court order is necessary for last name changes.

A child’s name change petition is treated as a separate legal action unless it’s part of adoption or paternity proceedings and cannot be included in divorce or modification suits. Consent from both parties facilitates the process, with guidance available in the “I want to change my child’s name” manual. This legal action doesn’t affect custody, visitation, or parental responsibilities but solely changes the name.

Is my address required on court documents for a name change?

Typically, yes. Legal protocol mandates the inclusion of your residential address in name change filings. However, post-September 1, 2021, participants in the Attorney General’s Address Confidentiality Program are exempt from disclosing their address or the reason for the name change, provided they furnish court with their program participation proof. For program participants, the name change order remains confidential.

For personalized guidance on name changes in Texas, contact the Law Office of Dana Baker at 979-310-5507.