Where should an application/petition for a name change be filed?
Answer: An application for permission to use another name must be made in the County in which the applicant currently resides. The Petition and Order Granting Your Change of Name should be filed in the Clerk’s Office of the District Court. If you use our services, your papers will be fully customized, and the captions and all other aspects of the forms will reflect the requirements of your local court.
What fees or costs are generally incurred in a name change proceeding?
Answer: The fee varies based on which court accepts name-change petitions in your county. In counties outside of New York City, your papers will typically be filed with the Supreme Court. In such counties, you will be required to pay a fee to purchase an Index Number (to commence your case) in the sum of $210.00. In the boroughs of New York City, you will file a filing fee of $65.00 to the Civil Court of the City of New York
In addition to filing fees, you will also be required to pay the cost of publishing the final order in a local newspaper. This is required by the Civil Rights Law.
What information and documentation are required in a name change proceeding?
Answer: You will generally be required to provide the following:
- Proof of date and place of birth (generally established by providing a cerftified copy of your birth certificate. In certain instances, the judge may permit the use of a passport, or other legal document as proof of the date and place of birth.
- Reason: you must provide the court with the reason for wanting the change of name.
- Legal Forms (petition, order, etc.). If you choose to use our service, we will utilize the information that you provide to use to prepare all of the forms required for your name-change application. Except in certain complex cases, your forms will be e-mailed to you within three (3) business days of your order, or you will receive hard copies of your forms, at your request.
- Additional information and documentation is required if the petitioner has a criminal record, has been adjudicated a bankrupt or has judgments and/or civil actions against him or her.
What if I want to change my child's name?
Answer: Our forms only should be used if child's other parent consents to the change of name. In these situations, we will prepare a formal written consent, to be signed, notarized, and filed with the Court. In addition, if the child is between 14 and 18 years of age, the child must consent, in writing, to the request for a change of name.
Are there publication requirements?
Answer: Yes. The Statute requires that the petitioner arrange for the publication of the change of name in at least one newspaper which is deemed appropriate by the Court. Based on the unique factual circumstances in a case, the judge may also order notification of such as parties as the Immigration and Naturalization Service, a former spouse, Bankruptcy Court, the New York State Criminal Justice Services, and any other party the Court deems appropriate. It is your responsibility to take a copy of the signed order to the newspaper directed in the order so that the order may be published. Proof of publication (we provide the form) must then be filed with your county/court clerk.