The law in the State of Texas which governs the change of name is found in Chapter 45 of the Texas Family Code, entitled, "Change of Name." At this State of Texas website scroll down to Title Two, Chapter 45. You may link to an RTF version, a PDF version or if you want to cut and paste link to the Word version. This chapter provides specific instructions on the content of the forms to be filed for a Change of Name Petition and Order for adults in the State of Texas. I have also copied the pertinent sections at the bottom of this web page.
Using the Word version will allow you to cut and paste to a Word document to simplify the preparation of your: Petition which must be supported by your Affidavit and a supporting Order. (Yes, you prepare the Court's Order to sign. The Court does not prepare the Order for you, nor does the District Clerk.)
Remember, to change a name for children both parents must agree, short of most extenuating circumstances. The links below are to the RTF format of the statute but you may link to the table of contents and find a Word version.
This Chapter of the Texas Family Code Chapter 45 covers the contents of:
1. Petition for Change of Name; [Sample Petition].
2. Affidavit in support of Petition for Change of Name; [Sample Affidavit Below Petition].
3. Order.[Sample Order].
This information is not a substitute for legal advice.
Petition for Change of Name
Your Petition is you statement to the Court of your desire to change your name. This is how you initiate your proceeding.
Venue: This Petition for Change of Name is filed in the District Court of the county in which you reside.
Statutorily, pursuant to section 45.102 of the Texas Family Code the Petition for Change of Name of an adult must include the following:
(a) A Petition to Change the Name of an adult must be verified by affidavit (that means notarized) and the affidavit must include:
(1) the present name and place of residence of the petitioner;
(2) the full name requested for the petitioner;
(3) the reason the change in name is requested; and
(4) whether the petitioner has been the subject of a final felony conviction.
(b) The Petition must include each of the following or a reasonable explanation why the required information is not included:
(1) the petitioner's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number for any driver's license issued in the 10 years preceding the date of the petition;
(F) social security number; and
(G) assigned FBI number, state identification number, if known, or any other reference number in a criminal history record system that identifies the petitioner;
(2) any offense above the grade of Class C misdemeanor for which the petitioner has been charged; and
(3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an offense listed in Subsection (b)(2).
A good example of a name change petition can be found at this website: Petition. There is also an example of an Order. Try to get your Order on one single page if you can for two reasons, one page is easier to keep up with and you can have one page certified less expensively than two pages. The District Clerk's office charges for the certification of Orders based on the number of pages of the Order. The court does want double space and 12 point type.
Affidavit
Your affidavit supporting your Petition for Change of Name must support the facts contained in the petition and an example is found with the Petition as linked here. This affidavit must be signed before a notary. Your bank may provide notary service without charge. Do not sign the affidavit before you get there. Sign it in front of the notary. Take a picture ID with you for the notary to verify your identity.
Order
The Order which you prepare for the Judge to sign must by statute (the legislature's legal requirement) contain a finding of the following:
(a) The court shall order a change of name under this subchapter for a person other than a person with a final felony conviction if the change is in the interest or to the benefit of the petitioner and in the interest of the public.
(b) A court may order a change of name under this subchapter for a person with a final felony conviction if, in addition to the requirements of Subsection (a), the person has:
(1) received a certificate of discharge by the pardons and paroles division of the Texas Department of Criminal Justice or completed a period of probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of probation; or
(2) been pardoned.
Name of Court - Filing Fee
Call your District Clerk in your county and inquire as to the name of Court in which your petition will be filed. The larger counties such as Dallas, Plano, and Harris, among others have special Family Courts while the smaller counties hear family law cases in District Court. Find out what your county does by calling the District Clerk.
Remember, the District Clerk is NOT the County Clerk. These are two different entities serving different purposes. (The County Clerk has the record of the marriage and the divorce but the action of divorce is taken in the District Court and filed with the District Clerk.)
The Court in which your petition will be filed will be the District Court of ### County, (the county in which you reside) and possibly have an additional designation. Ask the clerk how to designate the court and the cost of filing the petition for change of name. If you reside in the same county in which your divorce was granted ask the clerk if you may file your petition pursuant to that cause number. By filing as a part of that cause you will avoid any additional filing fees and costs. This is rare but it happens and is worth the trouble of asking. Be prepared you may be turned down, but ask! The fees run from $144.00 to $180.00. It is not inexpensive.
The Texas Department of Health has a List of District Clerks which is online and very handy for finding your clerk. You may also verify marriage and divorce through the TDH website.
Prepare your Petition, Affidavit, and Order.
Texas has several legal form books from which to copy your petition, affidavit and order. (There are many other forms in these books as well.) You may be able to find these in your library. They will most likely be in the reference section or on reserve. Preparing these documents is very, very easy. Ask your reference librarian to help you find the forms. Be certain the form book you use is current. Remember double space the lines and use twelve point type. This is required in virtually all jurisdictions.
Law Libraries
Did you know each county has a law library typically found in your County Court House. You are entitled to have access to this library. Almost all colleges, including Junior Colleges, have some form of law library. All Universities have law libraries and all law schools have law libraries. Some law school libraries have a mandate to supply legal information to the public and you may access some proprietary websites from these law school libraries that you cannot access from outside the library. Ask the librarian to help you..
Sue Fawcett maintains an excellent site on legal research and law libraries in Texas.
Each of these counties has a law library:
Family Law Section State Bar of Texas
The Family Law Section of the State Bar of Texas is a repository for recent legislative changes and case law which may impact your special family law issues.
Family Law Section Dallas Bar Association
Dallas Bar Association Legal Clinics
Local Rules and Family Law
The Texas Family Code is online. These are the state statutes which govern all Family Law matters. However in addition to the state statutes each County has its own set of Local Rules governing Family Law.
State Court Rules
Law Libraries:
Local Law Libraries are a wonderful source of legal information. Most junior colleges and all universities have a legal section. All counties have a law library which is accessible to the public.
The Dallas County Law Library has valuable access to West Law to the public through its law library. Through this internet access law journal articles that impact conservator and property issues may be reviewed.
The SMU Law Library has an extensive collection of Texas materials which focus on Family Law on the first floor just past the reference desk and to the right once you pass into the library. You will have to sign in as a visitor. A group of reference librarians may help with your questions. See Public Services at the SMU Library Staff Home Page.
Family Law in Fifty States - sponsored by the American Bar Association. This provides a comparative analysis of Family Law issues in all states. Source: Family Law Quarterly Volume 39 No 4, Winter 2006
State Database for all United States with comparative statistics for states
Library of Congress Links to Texas Law
The Dallas County Law Library has valuable access to West Law to the public through its law library. The SMU Law Library has an extensive collection of Texas materials which focus on Family Law. Each county has a law library typically found in your County Court House. Almost all colleges, including Junior Colleges, have some form of law library. All Universities have law libraries and all law schools have law libraries. Some law school libraries have a mandate to supply legal information to the public. Sue Fawcett maintains an excellent site on legal research and law libraries in Texas. Law Libraries on the Web has a listing of all law school libraries with a web presence.
Law Journals Focusing on Family Law
Peer Reviewed Family Therapy Journals.
The most commonly used legal form books are listed below and some may be found in your local library. The following books may be helpful. The call numbers are included for easy reference in the libray. Reference Librarians are typically able to direct patrons to these materials and guide them in their indexing and use. SMU Law School and Weslyan Law School contain most of these materials.
For a list of How To Do Your Own Divorce in Texas publications see the section entitled "Other" in this website. Also, the section of this website entitled "Secondary" has a comprehensive list of Texas publications on Family Law issues and most of these publications contain a section with forms. The most commonly used legal form books are listed below and may be in your local library.
West's Texas Family Law Digest. [KFT1294.A53 T49.]
Texas Family Law Practice Manual. [KFT 1294 .S 8 1996.] Four volume looseleaf set. Volume 4 contains alphabetical indexes to topics and the titles of forms. Practice guide contains explanatory notes and sample forms. Each chapter begins with a detailed table of contents. Supplemented annually.
Texas Family Law Practice and Procedure, 2nd. ed. (M. Bender)[KFT1294 F352.]
Texas Family Law Litigation Handbook: with Texas Family Code, Related Texas Codes and Rules, and Related Federal Statutes. [KFT1294 .T38 1999.] Supplements above.
Texas Family Law Service. [KFT 1296 .S64 1988.] Eight volume loose-leaf set. Volume 8 contains an alphabetical index and an Appendix of Forms. Research Guide contains information on statutes, rules, and regulations. Table of contents at beginning of each chapter. Each volume contains a supplement of newer material at the end of the volume.
Texas Litigation Guide, William V. Dorsaneo, ed. [KFT 1730.4.] Multi-volume set with two volume alphabetical index of subjects. References in the index are to chapter and section numbers, not page numbers. Search the index under the topic "Divorce." Each chapter may contain: (1) legal background providing explanatory materials; (2) a drafting guide containing tips on writing documents; (3) a research guide listing other relevant publications; and (4) a forms section. This set is updated through yellow supplement pages filed at beginning of each volume.
Stevenson's Texas Legal Practice Forms, 2d ed. by S. Lee Stevenson. [KFT 1268 .S85 1992.] Four volume loose-leaf set. Separate chapter for "Divorce and Related Family Matters." References are to form numbers, not page numbers. Updated through yellow supplement at end of volume 4.
Texas Jurisprudence Pleading and Practice Forms, 2d ed. [KFT1730 .A65 T482.] See volume 6, "Family Law," sample forms and checklists.
West Texas Forms,see Volume 16, subsection, Family Law. [KFT1268 .W47 vol. 16.] Commentaries and sample forms.
Or you may ask the District Clerk of your county, or any county, actually, to review a file which contains a petition, affidavit and order for change of name. All records in the District Clerk's Office are public records. Once your petition is prepared do not sign it. Wait to sign it in front of a notary.
Filing Your Petition with the District Clerk
Make four copies of your Petition, Affidavit, and Order. Take them to the District Clerk of the county in which you reside and file the Originals with a copy of the Order. Also keep a copy of the Order, it may get lost. After filing the Original with the clerk have the copies "stamp filed." Stamp filing is free and shows the case was filed. Take the three copies with you and the Clerk will place the originals in the Court's file.
Saving Money Tip: The Clerk may not let you -- but if you are already divorced and residing in the same county in which your divorce was granted request that your Petition for Change of Name be filed under your divorce action so you will not have to pay a new filing fee. You do not have to serve your former spouse with notice of your name change. However, if you desire to change the name of your child they must be served.
Set Your Case -- ASK TO HAVE IT SET
You must have the case set. Ask the clerk if she set the matters, or if you must go to the Court Co-ordinator or Judge to have them set. DO NOT ASSUME THE CLERK WILL AUTOMATICALLY SET THIS. ASK THAT IT BE SET. SEE THAT IT IS SET.
I know one woman who waited three years for her case to be set, she forgot to ask. NO KIDDING! If the Judge or the Court Co-ordinator sets the case take a copy to them for review. They like to see what they are getting into, especially with a pro se, one who represents themselves, a court's worse nightmare. Be advised, Courts are not pleased to have people represent themselves. It makes matters unpredictable. However, in uncontested cases, they do tolerate it. But you have an absolute right to represent yourself.
Go To Court
Once you have a date for hearing set by either the District Clerk or the Court Co-ordinator take your Order to Court, yes a third copy to hand to the Judge, don't assume the original one you filed made it to the Court. Things get lost.
It has happened that the Judge will hear you in his office then and there, and you are done! Otherwise, the case will be set with a zillion others. Prepare to spend the morning and possibly the afternoon. At the hearing, the court will swear you in. Be brief. Essentially read the facts on your petition into the record. You can introduce your sworn petition into evidence. That would be one of the stamped filed copies you kept. You don't have to do this but it makes it neat in case you forget something in your case.
Once the Judge signs your Order he will file it or she or he may give it to you to file. If you receive the order from the Court go to the Clerk's Office and file it. The clerk will provide you with a Name Change Certificate or get a copy of the Order and have it certified. It is this Name Change Certificate or Certified Court Order that is recognized. One is as good as the other. Do whatever costs less in your county.
File Your Order
It is your job to see that your Order gets filed. The Judge may keep the Order, in that case you can assume he will return it to the District Clerk for filing. However, if he hands it to you then you must take it to the District Clerk's Office and ask them to file it.
Money Saving Tip: You should ask for a copy of the signed Order. Take it, make your own copies and return to request to have them certified. Typically, the District Clerk will change at a minimum one dollar per copy. You can have your own copies certified for any where from one to two dollars per page. Thus, the reason you want to keep your Order to one page if at all possible.
Changing Your Name with Service Providers
Multiple certified copies or certificates work best when you have to mail them. People are notorious for not returning them even if you include a SASE. Following is a list of entities to which you must mail or deliver a Clerk's certificate or certified copy of name change:
To Change Your Name Remember These Entities:
Texas Department Vital Statistics - Birth Certificate Amendment Form - The fee is $15.00 to amend your birth certificate. Complete the form linked to above and send a certified copy of your Court Order with the fee. The fee for the new birth certificate with your new name is $22.00. The total fee for the amendment and the new certificate is $37.00 if you do not use an expedited service. Link here for further information.Include a SASE if you want the Order returned.
Social Security Office - You will need only the certificate or certified Order if you do this in person. Also, the Order will be retuned to you. However, if you do this by mail, please go to their website to download their Application for Change of Name. You may want to fill this out before you go in person, as well. To get a new Social Security card, you'll need identification showing your old name and your new name, such as a marriage certificate or divorce decree. If you were born outside the U.S., you also need proof of your U.S. citizenship or that you are lawfully in the U.S. Call 1-800-772-1213 from 7 a.m. until 7p.m. on business days. Sorry, but you will probably have to go to the Social Security Office.
State Licensing Agency by which you are licensed for any reason, to drive, hair dresser, psychologist, teacher, etc. Contact the State Agency and ask if they require a form. Most do not. Simply mail a letter with the certificate or certified Order attached. For addresses go to: Texas Department of Licensing and Regulation.
Credit Card Companies. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned. If your credit card is issued through you bank you may be able to go into the bank with a copy of the Order and make the changes to your bank account and your credit card there.
Mortgage Companies. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.
Student Loan. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned. If you are still a student this will go to the FAFSA office. If you are a graduate with continuing loan obligations this will go to the entity or entities supporting your loan. If you are still a student you may have to contact your financial aid office in addition to the college registrar. This varies from school to school. The Registrar's Office does not in all Universities guarantee a change with the Financial Aid Office.
Bank Loan or any loans. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.
Creditors of any nature providing service to you. (That's easy really, who do you pay your bills to each month and this includes internet service providers, Insurance, car and home.) Did you know many credit card companies purchase feeds from the U.S. Post Office and automatically track your new address once you fill out a change of address form?
Passport reissuance. Change Your Name. You may want to get your new birth certificate first and then submit that for the reissuance of your passport. (See first step above for birth certificate amendment.)
Car registration. County Tax Assessor.
Boat registration. County Tax Assessor.
Taxing entities:
IRS down load form for Change of Name though you should not have to do this. Once you change your name with the Social Security Administration it will automatically be changed with the IRS so this is not necessary.
Sales Tax Certificate - Letter and certificate or Certified Order all that needed. SASE (self addressed stamped envelope) if you want the Order returned.
Property Tax - Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.
Medical Records, doctors, and anyone who has your medical records on which you rely historically and veterinarians. Do it all, it's so pesky to find someone with the wrong name, just one last person. This includes your health insurance carrier.
Church and community activites.
Universities - Your alma mater goes to the alumni office and if you are a student to your registrar's office. If you have financial aid they may require a separate notice with a request for change directly to FAFSA. Also if you are receiving a scholarship send a copy of the order, typically not certified, to the organization providing the scholarship.
Driver's License. Just take your certificate or certified Order and have a new picture taken. The new license will come in the mail soon. The Driver's License Office will not keep your Order so you may have it back.
Stock Brokers required certified order, in my experience.
Voter Registration (you can apply online if you are not registered). Voter Registration is relatively easy to change as of January 1, 2002. This may in the future become more difficult. You can simply write the election office in the county (List of Election Offices) in which you are registered to vote and advise them of your new name. They need no order and no certificate. If you have your voter registration number found on your voter registration card, include this number in your letter. Of course, you may simply go by the office and request a name change.
TRYING TO GET IT ALL DONE WITH AS FEW ORDERS AS POSSIBLE
THE SOCIAL SECURITY OFFICE DOES NOT KEEP YOUR ORDER SO YOU CAN HAVE THAT BACK.
THE DRIVER'S LICENSE BUREAU DOES NOT KEEP THAT ORDER SO YOU CAN HAVE IT BACK.
IF YOU GO TO THE BANK IN PERSON YOU CAN HAVE THAT BACK.
YOU CAN DO A LOT WITH JUST ONE ORDER BUT YOU CANNOT DO EVERYTHING. GET SEVERAL COPIES OF CERTIFIED ORDERS.
CONGRATULATIONS! YOU MAY HAVE JUST CONTACTED EVERYONE AND CAN BEGIN TO ENJOY YOUR NEW NAME!
Fees Mount Up
Ins and Outs on Watching Your Dollars and Cents
Note: Stamp filed copies are free if the copies are yours. They are simply stamped by the District Clerk, however, most entities will not accept a stamped filed copy to change your name. You need a certified copy..
Certified copies of your Court Order changing your name have a fee, typically $2.00 to $3.00. For this reason your goal should be that the Order you prepare for the judge to sign to change your name should be on one page for economy's sake. If the copy you have certified is one page you will save one dollar per page. Generally it is less expensive to have a copy of the Order certified than to obtain a certificate and a one page Order is easier to keep up with and forward to companies that often do not return them although you send a SASE. (This is the "economy version" and if you are doing this yourself economy may matter.)
Certificates of Change of Name are available from the District Clerk and have a fee of $10.00. Why would anyone want a certificate you ask? Often a name change is a part of a decree of divorce and is found in one of thirty pages. In this case a certificate is preferred. You do not want to mail your Decree of Divorce to every entity that wants to verify your name change.
Name Change at the Time of Divorce
You may ask your attorney to restore your maiden name at the time of your divorce. This is the most economical method, otherwise, to change you name later you will incur an additional filing fee unless you can convince the District Clerk to file your petition as a part of your former divorce..
Pertinent Texas Statutes:
Texas Family Code § 45.105. CHANGE OF NAME IN DIVORCE SUIT. (a) On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states in the decree a reason for denying the change of name. The court may not deny a change of name solely to keep last names of family members the same.
(b) A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court as provided by Section 45.106.
Added by Acts 1997, 75th Leg., ch. 165, § 7.10(a), eff. Sept. 1,
General Information
Children generally must have both parents concur in the change of their name. You must file your petition in the county/state in which you currently reside. This is referred to as the "venue" in the Family Code. Below are excerpts for the Adult Change of Name Section from the Texas Family Code:Section "B". For the requirements for the change of name of a child see SUBCHAPTER "A" of the Family Code under Texas Statutes § 45.101(a).
Excerpts from the Texas Family Code:
Texas State Law
The applicable main law for adults is in the Texas Family Code at TITLE 2.B § 45.101.
http://www.capitol.state.tx.us/statutes/fa/fa0004500toc.html
SUBTITLE C. CHANGE OF NAME
CHAPTER 45. CHANGE OF NAME OF ADULT
SUBCHAPTER B. CHANGE OF NAME OF ADULT
§ 45.101. WHO MAY FILE; VENUE. An adult may file a petition requesting a change of name in the county of the adult's place of residence.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995.
§ 45.102. REQUIREMENTS OF PETITION.
(a) A petition to change the name of an adult must be verified and include:
(1) the present name and place of residence of the petitioner;
(2) the full name requested for the petitioner;
(3) the reason the change in name is requested;
(4) whether the petitioner has been the subject of a final felony conviction; and
Text of subd. (5) as amended by Acts 2003, 78th Leg., ch. 1300, § 7
(5) whether the petitioner is subject to the registration requirements of Chapter 62, Code of Criminal
Procedure.
Text of subd. (5) as amended by Acts 2003, 78th Leg., ch. 1003, § 1
(5) a legible and complete set of the petitioner's fingerprints on a fingerprint card format acceptable to the
Department of Public Safety and the Federal Bureau of Investigation.
(b) The petition must include each of the following or a reasonable explanation why the required information is not
included:
(1) the petitioner's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number for any driver's
license issued in the 10 years preceding the date of the petition;
(F) social security number; and
(G) assigned FBI number, state identification
number, if known, or any other reference number in a criminal
history record system that identifies the petitioner;
(2) any offense above the grade of Class C misdemeanor
for which the petitioner has been charged; and
(3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an
offense listed in Subsection (b)(2).
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995; Acts 2003, 78th Leg., ch. 1003,§ 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1300, § 7, eff. Sept. 1, 2003.
§ 45.103. ORDER. (a) The court shall order a change of name under this subchapter for a person other than a person with a final felony conviction or a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the change is in the interest or to the benefit of the petitioner and in the interest of the public.
(b) A court may order a change of name under this subchapter for a person with a final felony conviction if, in addition to the requirements of Subsection (a), the person has:
(1) received a certificate of discharge by the pardons and paroles division of the Texas Department of Criminal Justice or completed a period of probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of probation; or
(2) been pardoned.
(c) A court may order a change of name under this subchapter for a person subject to the registration requirements of Chapter
62, Code of Criminal Procedure, if, in addition to the requirements of Subsection (a), the person provides the court with proof that the person has notified the appropriate local law enforcement authority of the proposed name change. In this subsection, "local law enforcement authority" has the meaning assigned by Article 62.01,
Code of Criminal Procedure.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995; Acts 2003, 78th Leg., ch. 1300, § 8, eff. Sept. 1, 2003.
§ 45.104. LIABILITIES AND RIGHTS UNAFFECTED. A change of name under this subchapter does not release a person from liability incurred in that person's previous name or defeat any right the person had in the person's previous name.
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995.
§ 45.105. CHANGE OF NAME IN DIVORCE SUIT. (a) On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states in the decree a reason for denying the change of name. The court may not deny a change of name solely to keep last names of family members the same.
(b) A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court as provided by Section 45.106.
Added by Acts 1997, 75th Leg., ch. 165, § 7.10(a), eff. Sept. 1,
1997.
§ 45.106. CHANGE OF NAME CERTIFICATE. (a) A person whose name is changed under Section 6.706 or 45.105 may apply to the clerk of the court ordering the name change for a change of name certificate.
(b) A certificate under this section is a one-page document that includes:
(1) the name of the person before the change of name was ordered;
(2) the name to which the person's name was changed by the court;
(3) the date on which the name change was made;
(4) the person's social security number and driver's license number, if any;
(5) the name of the court in which the name change was ordered; and
(6) the signature of the clerk of the court that issued the certificate.
(c) An applicant for a certificate under this section shall pay a $10 fee to the clerk of the court for issuance of the
certificate.
(d) A certificate under this section constitutes proof of the change of name of the person named in the certificate.
Added by Acts 1997, 75th Leg., ch. 165, § 7.10(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 6.06, eff.
Sept. 1, 1999.
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