Indiana Name Change Overview
In Indiana, adults have the right to request a name change for various reasons, including marriage or divorce, the desire to distance oneself from a family or harmful identity, or to simplify or anglicize a name that may otherwise be hard to spell or pronounce. Each name change request in Indiana goes through a court process, usually initiated by filling out name change forms that will be filed in the county where the petitioner lives. A hearing is also typically held each time.
The names of both adults and minors can be legally changed in Indiana. The name change for immediate family members (such as minor children) usually follows the same process as an adult name change, although the forms may differ -for example , the adult name change forms used for a name change petition would need to be replaced with separate child name change forms when minors want to change their names. Even though name change for a minor child in Indiana generally follows the same procedure as an adult name change case, it’s important to note that an adult petition for a name change in Indiana does not require any waiting period to file, while a minor petition may need to be filed sometime in advance of a scheduled hearing, depending on the county and court where the name change case is filed. Any person who wishes to learn more about requirements for completing name change forms in Indiana, including adult name change forms and child name change forms, should consult with an experienced Indiana divorce lawyer.
Indiana Name Change Forms You Need
The main form used in most cases where someone wishes to change their name is Form 96. This world of forms "96" can look a little confusing to the uninitiated, especially since people use large variations of it to mean the same thing. The answer to this lies in the name of the Indiana Rules of Trial Procedure. The Indiana Rules of Trial Procedure call for many basic state court forms to be numbered based on the rule number associated with it, but not all of them seem to have that connection.
However, the important thing to remember in this is that in most name change cases we will be using the old faithful Form 96. This form asks the petitioning party to supply information about themselves such as their place of birth, the names and places of birth of their parents, and the like. It also requires a statement of the reasons why you are seeking a name change. The person filling out the form must also swear an oath or affirmation that the information in the petition is true. If the person seeking a name change has a criminal background the court will need to include significant information about those alleged crimes.
Surrounding Form 96 are a number of other forms that will sometimes be necessary. Indiana Rule of Trial Procedure 76(F) along with Indiana Rules of Criminal Procedure 1.13 and 1.17 tells the courts to refer to Indiana Criminal Rule 24 for most name change forms. Considering what a name change is this seems appropriate, but some questions about this have arisen. There is no single place where every different form that could be required is listed, at least not in any concise way. This is not to say there is no source, just that the rules governing name changes are a bit scattered.
Guide to Completing Indiana’s Name Change Forms
The first thing to remember is that there are separate forms for individuals and businesses. If you are a business, make sure you complete the right form. For individuals, the form is titled "IN NAME CHANGE FORM FOR PERSON". If you are a business, the correct form is titled "IN NAME CHANGE FORM FOR BUSINESS ENTITY".
First, don’t forget to sign your name at the end of the second page of the form. It may sound stupid, but we’ve seen a lot of people leave that field blank and courts don’t want to correct this simple mistake. Sign the form.
Now, let’s turn to the first page where you will see a few lines for you to fill in some basic information. We are going to go through these items from the start to the end of the page.
C. Current Name of Petitioner
If you are in a hurry, this one is easy. Put your name on it. If you forgot your name, you could always look at your birth certificate and get it right that way. Alternatively, if you are reading this article, then you can just use some common sense and figure it out – we believe in you!
D. Date of Birth
This section will require you to put your date of birth. Again, this is not rocket science. However, you legally need to have your actual date of birth – not the date you used to enter the United States. Simple mistakes like this can cause you to be rejected by the Clerk’s Office. Also, when you list your date of birth, use the format "Month / Day / Year", such as "10/31/1950". In other words, write it the American way. Remember, you have a Canadian passport and that is not the same as an American passport. If you are not from America, you can’t list your date of birth as "31/10/1950" because that gets you rejected too.
Yes, we mean it.
E. Gender
One section you don’t have to overthink. Fill in the box with either a female "F" or a male "M". If you put an X or "rather not say" option, that will get you rejected by the Clerk’s Office. Sorry folks, but the Clerk’s Office will not do a gender change. For now, they only do name changes.
G. Religion
This section is optional. You can either put the name of your religion next to the word "RELIGION" (e.g., Christian, Jewish, Muslim, Atheist) or leave the section blank. The Court does not get offended either way, so choose your preference.
H. County of Residence
You will fill in the name of the county where you live. If you don’t know what that is, you can go to Indiana Courts County Locator. While you may find this page useful, we do not recommend it. This information is simply too easy to find. Just search Google for "COUNTY OF RESIDENCE INDIANA" and the page shows up as the first result.
Remember that the month and year is not required. Still, you must still fill out item 1, which lists the full name of your previously filed petition. This is not optional.
Filing Your Indiana Name Change Forms, Step-by-Step:
After carefully preparing your Indiana name change forms, you will need to submit them to the appropriate court. Indiana requires you to submit the paperwork to the court in the county where you have maintained your residence for at least six months prior to the date of application. (You must have been a resident in Indiana for at least six months as well.) While Indiana does not have one standard form for every request, you can generally find the name change forms you need at your local courthouse or online.
Prior to filing the paperwork, you will need to prepare for the publication of your legal name change notification. The publication must be made three times and be spread over a minimum of 18 days. It is advised that you check with your local newspaper, as its requirements will vary by county .
Once you are ready, you will need to file your name change forms with the court clerk. You will receive a case number and then make your publication arrangements with your local newspaper. In addition to the fees associated with the publication, the circuit court will typically charge you a filing fee, which also varies by county. When you have everything in order, you can attend your scheduled hearing before the court to finalize your request for a new legal name.
The above process can typically take anywhere from one month to three months or longer to gather the paperwork, file and publication. However, filing name change forms for marriage, adoption, new citizenship, divorce and gender identity are generally expedited, as they can often be submitted simultaneously to other related court paperwork.
What’s Next After Filing Your Name Change Forms
Once you have filed your name change forms and received approval from the court, it’s time to update your name with various government agencies and organizations.
One of the most important is the federal Social Security office. If you are a United States citizen, you must have a Social Security number. Federal law requires that you notify the Social Security office when you change your name.
To do that, you will need to fill out an application for a Social Security card. It’s easy to obtain a replacement card showing your new name. The form is called the Application For A Social Security Card. You can download a copy from the Internet, or pick up a copy from your local Social Security office. To file the application, you also need to provide: After you have filled out the application form, simply mail it to your local Social Security office.
In addition to the federal Social Security office, you will also need to notify some state offices of your name change. Start by going to your local Bureau of Motor Vehicles branch to get a replacement Indiana driver’s license or identification card. If you plan to drive in Indiana, or if you need an ID for any purpose, you should have the legal name you are now using on those documents. You will need to fill out a form to obtain a replacement license or ID. You should also take along your certified copy of your name change order.
The next step is to change your name with the U.S. Department of Transportation if you are a commercial driver. This would apply to persons with a Commercial Driver’s License, or CDL, which allows them to operate large trucks and buses.
Finally, don’t forget to contact your doctor’s office, dentist, and any other health care providers with the new legal name. If you have a prescription for medication and need to change pharmacies, you should ask your doctor to write a new prescription in your new name.
Frequently Asked Questions Related to Indiana Name Changes
Navigating the world of Indiana name changes can be tricky when you are unsure of the process or the laws surrounding a legal name change. Many people put off changing their name in Indiana because it is difficult to know where to begin. Finding answers to some of the most common questions about Indiana name changes as it pertains to legal matters can help you be more prepared for the journey ahead.
What are the legal requirements to change my name in Indiana? In order to change your name legally in the state of Indiana, you must have lived in the county you are planning to file your name change papers in for at least six months, if you are over the age of 18. If you are under 18, you will need permission from both parents. You cannot have a felony charge on your record and not everyone is eligible to change their name; this includes those who are in the military or who are getting a divorce.
How do I file for an Indiana name change? Avoiding the name change process due to lack of knowledge is a common reason adults don’t change their name . Changing your name legally in Indiana is a straightforward process; you simply file the paperwork and attend a hearing in front of a judge for your name change. Use Indiana’s state court website to review Indiana name change forms and procedures, or hire a criminal defense attorney to help you with the process.
How much will an Indiana name change cost me? Legal name changes in Indiana do not cost a lot of money, but the exact amount will vary by county. Expect to pay fees related to the filing of the forms plus court costs. On average, budget $150 to $200 for everything needed to legally change your name in Indiana. File a motion with the court to waive some cost if you are low income and unable to pay name change fees.
How does a legal name change affect my personal records? Once you undergo a legal name change in Indiana, go one by one through all of your personal records to update your information. This includes changing your name on your Social Security card and legally changing your insured name with your insurance company.