Divorce & Family Law Attorney in Northwest Georgia

Name Change in Georgia: How To Legally Change Your Name, NW GA

Practice Areas:

Georgia’s law for a legal name change Georgia can be found in OCGA 19-12-1. Many people in northwest Georgia who marry do not formally file for a name change petition but will use a copy of their marriage certificate to provide proof of their new last name.

If the person wants to have it officially changed, though, then the process described below should be followed. This may be helpful in situations where the person will be having background checks done, (e.g., applying for a new US passport.)

In order to change your name after marriage, you must file a Petition for Change of Name with the local Georgia Superior Court in your county of residence. This is the same process as above, but instead of providing proof of citizenship or age, you will need to provide your marriage license and both spouses’ driver’s licenses or another valid photo ID.

Once the Petition is approved by the Judge, certified copies should be obtained, for future use. Put these in a safe place, to be able to demonstrate that you followed Georgia laws.

Four legal requirements exist in the Peach State for changing your name in Georgia: 

• The applicant must live in the State of Georgia
• Next, the filing of court papers is required to be done in your County of Residence and only the Superior Court of that County has jurisdiction over legal name change petitions and the applicant must show proof of identity.
• The sworn paperwork you must sign requires the applicant to swear that this name change is not being undertaken to commit a fraud or for the purpose of defrauding others; and
• In order to inform the public about your Petition, it is required to publish a brief announcement in the county’s “legal organ” (newspaper) on a weekly basis for a duration of 4 weeks. You are obliged to circulate the notice of change of name for four successive weeks in your county’s local newspaper.
• 
  

After all this is done, this gives any person legal notice that she or he can object. This rarely occurs, but if a caveat (challenge) to the Petition is made, the Superior Court Judge will hear the person’s basis for objecting and then decide whether the petition will be granted by signing a court order. You may have additional fees for the Clerk of Court to create one or more certified copies.

If no objections are received, then the Judge is authorized to sign the Order approving the Georgia name change in his or her chambers, and file that Order with the Clerk of Superior Court. Most Petitions are resolved in this manner.

How Much Does It Cost To Change Your Name??

In Georgia, the total court paperwork costs, and publication costs for the petition for name change Georgia are around $300 to $325, but fees vary. Indigent people may apply and prove their lack of funds and these costs may be waived.

Which court or government agencies varies by State. Not all states use their court of General Jurisdiction for name change petitions. Plus, state requirements vary, depending on your state of residence.

Some States may have their probate court, family court or other lower level court handle these petitions.

What Are The Rules For Changing A Minor’s Name In Georgia?

If the person applying to change her or his name is under the age of 18 years old, some additional requirements of “proof” may be needed:

• Unless one of the parents has abandoned the child, both parents need to sign the petition approving of the name change.
• The young applicant needs to prove identity (birth certificate, What is the reason behind the requirement of publishing a notice of my petition to change my name in the newspaper? The purpose of this requirement is to prevent any fraudulent activities. For instance, changing your name with the intention of concealing your criminal record or committing identity theft. By publishing the notice, it allows potential victims of fraud to inform the court by submitting an objection (GA driver’s or learner’s license, federal social security card, etc.)
• Proof of abandonment can be shown through lack of support, visitation, or communication with the child for at least six months.
• A parent or both parents (if neither as consented) must be served by the Sheriff with a copy of that name change petition by the minor child. 
• 
  

Why Is Publishing The Notice Of My Petition For Name Change In The Newspaper Required?

Members of the public need to get notice since they could be negatively affected if your identity changes. Think of having accounts at a Bank, with accounts, a credit card, and loans in your previous name.

All states have some similar type of public notice requirements. This is a legal necessity in all modern, industrialized nations. For your no-cost initial consultation, call NW Georgia lawyer Walt Moffitt at 706-841-7222, for those in north Georgia who need further guidance or legal help.