Georgia Legal Name Change Overview: Step-by-Step Instructions

Georgia Name Change Process for Adults

Laws and regulations governing name changes in Georgia are largely codified in the Official Code of Georgia Annotated, Title 19, Chapter 12, Article 3. The legal name change procedure under Georgia law varies according to the circumstances. The procedure for a name change by an adult is different from a name change for a minor child. It is also different if you have been married or divorced since birth.
The general rule is that an adult who has not been previously convicted of a felony or pending criminal charges in any jurisdiction may file with the court an application for approval of a name change. However, even in this basic context, there are many exceptions and side-rules that have risen over the years because of parents attempting to naming children after they have been convicted or because of domestic cases in which one parent attempts to change the other parent’s child’s name.
Once an application for a name change is filed with the court, however, there is a law requiring appropriate notices to be published so that the public may object to the name change. The clerk of court typically prepares this publication notice for the adult name change. The notices must be published in three successive weekly issues of the newspaper in the county in which the applicant resides.
A name change is automatically granted by the court after the last date of the publication of notice unless a potential objector timely protests in writing to the court.
There are additional requirements when it comes to name changes of minors in Georgia. The requirements for a legal name change for a minor child are fairly standard , except for one unusual exception. When minor children’s names are being changed, either through a marriage or a divorce, the law requires that the consent of the "other" parent be obtained for the name change. In fact, the law even contemplates circumstances where the "other" parent is deceased. This is somewhat unusual in that the law mandates the consent of a non-requesting party. In most other, civil contexts, you need the consent of the other side of the case to obtain a judgment against them. This law makes exceptions.
There are age restrictions associated with name changes for minors in Georgia. To be more specific, anyone under the age of 18 is considered a minor in Georgia. Because of the requirement of consent by the other parent to the name change, the law essentially limits the availability for name changes for minor children to those cases where the parents are married and the other parent is available to consent or with respect to the complete absence of a parent.
If a parent wants to change the name of a minor child and the parents were never married, the desirability of obtaining the other parent’s consent and the practicality of doing so will be a significant factor in the decision.

Petition for Name Change

Before going to court, a Petition to legally change your name must be completed, filed, proposed for publication, and published in the legal organs of the circuit in which you live. The petition must include: DETAILS ABOUT YOU 1. Give your full legal name. 2. Provide your full birth name. Include month, day and year. 3. If you have any other names you are or have been known by, provide those as well. Include the month, day and year you were known by each name. 4. Provide your full current address including the county, city, state and ZIP code. 5. Provide your date of birth. Include month, day and year. 6. Provide your gender. 7. Provide your race. 8. Provide your official Georgia driver’s license number. 9. If you do not have a Georgia driver’s license, provide your official Georgia identification card number. 10. Provide your Social Security number. 11. Specify the full name you want to adopt or the name you want to use. 12. If you are requesting a change in last name, please indicate whether the last name will be a surname and whether it will be a single surname, double surname, or any other variation. 13. If you will be changing the middle name, please indicate the new middle name. 14. If your change of name is for a minor child, please include his/her full name, date of birth, and reason for name change. 15. List any convictions or pending charges. If you are prohibited by law from changing your name, the court will not allow the name change and you may be charged with a misdemeanor. COMPLETE THIS FORMS: GUIDELINES:

Filing Your Petition for Name Change

Once you have gathered the required documents and completed the Name Change Petition, the next step is to file the papers with the appropriate court in Georgia. In most counties, you will file your petition either in the Superior Court or the Probate Court.
It is important to pay careful attention to where you submit your petition. If you file the petition in the wrong court, it will delay the process, and may possibly require you to start the process over from the beginning. You may also place yourself at risk of a denial, forcing you to forfeit your filing fees and other costs associated with the process.
For example, if you are changing your name after a divorce, if the divorce was granted in Georgia, you will typically file the petition for a name change in the Superior Court, rather than the Probate Court. If you were granted a name change through a previous Superior Court action – such as a lawsuit for name change – you can apply for a name change in the Clerk of Superior Court’s office.
Filing fees vary between counties. The average fee is $200. However, some counties have a filing fee that is closer to $80. Additionally, counties may require a certified copy of your birth certificate, which will cost between $10 and $20.
Unfortunately, Georgia has a long list of fees that can add up pretty quickly. While some list their fee schedules online, others do not, requiring you to call and ask for exact amounts. To save yourself the headache of sifting through these tedious lists, you should always call the court clerk’s office to ask about any possible fees before you submit your petition.
If you file your name change petition in the correct court under the correct number of days after your divorce is final (60 days), all filing fees are most likely to be waived. If you change your name within 60 days of your divorce, the court may not require you to be published for any delay or additional paperwork, as long as your request was submitted with your Divorce Decree.

Your Court Hearing

When you arrive at your courtroom, you will check in with the deputy or assistant in the courtroom and let them know that you are there for your name change hearing. They may ask you to fill out a witness form for the record.
At some point before your scheduled date/time, someone from the clerk’s office should send you notice in the mail regarding your court hearing. At this time, you should also receive notice of the time of your court hearing.
In most cases, the judge will ask you about the reason(s) that you are pursuing your name change. If you are an adult, this question may be relatively straightforward regarding a name change for marriage or some other reason. But if you are a minor child or a parent petitioning on behalf of a child, the judge may ask a few more questions. These questions may include – Who are you asking to change names to? Where will your child go to school? Has your child been convicted of a crime? etc.
If you have supporting documents, such as a birth certificate, marital certificate/divorce decree, Social Security card, etc. it would be a good idea to bring these to the court hearing . There is a general presumption in favor of a name change, so if you can ever provide supporting documents, you will get the benefit of the doubt that you are not doing the name change to avoid creditors or other legal purposes. For example, if a child is changing to the married name of the custodial parent and providing evidence of the marriage (certificate), and will be attending a new school, the judge is more likely to grant the name change than if the parent has done nothing to provide a reason why the change is needed. Providing documents to support your request is even more important when the request is a name change in a context in which the judge has greater discretion, such as a name change for an adult.
Upon completing a individually-asked series of questions, the judge will grant you or your child the name change. If you desire a certified copy of the order, let the court official know. In addition to the $10 fee for the certified copy, you are required to give the court official a self-addressed, stamped envelope if you know that you have the additional certifications.

After Your Name Change is Granted

If your name change request is approved, there is still more to be done. The first thing you need to do is to take a copy of the Georgia court order granting the name change to social security and have your new name recorded in their systems. In Georgia, you can apply for a new social security card at any local office. In practice, though, most people just bring their marriage license (if they’ve changed their name as part of getting married); or the name change court order (if they’ve changed their name for some other reason) along with their current driver’s license to the Social Security office, usually the next business day.
Once you have the name change recorded with social security, get a copy of your birth certificate that has your changed name (yes, this is different from your birth certificate with your birth name). You can use the new birth certificate to change your name with: Registered Voter, Occupational Licenses, Professional Licenses, Property Tax Assessors, Utility Providers, Vehicle Registration (including company vehicles), Automobile Insurance, Banks, Credit Card Companies, Mortgage Companies, Utility Providers, Employer, and any others that would require proof of your name change.

Handling Common Obstacles in the Name Change Process

Many people looking to change their name will face a variety of challenges, from getting a simple reply back from the court to dealing with objections. These challenges can lead to frustration and even disorientation when it comes to how the name change process works in Georgia.
One of the first challenges in the name change process comes when people try to file the Petition for Name Change on their own. What many people don’t realize is that the Petition for Name Change is very different than most civil petitions. It is typically left on the desk of the court clerk for several days without any action being taken. In many instances, the clerk takes action without telling the person who filed the Petition for Name Change. Unfortunately, this can sometimes lead to someone not being able to get a response back within the timeframe the court provides, which can be frustrating.
To overcome this, there are options available. One of which is to use a service that specializes in name changes in Georgia. This can help eliminate some of the common mistakes that can lead to delays in the name change process. Although using a name-change service might cost more money up front, it is often worth it in the end.
Another challenge is when someone has a common name. When this happens, they can often be confused with someone else who has the same name. If this is the issue, simply have the newspaper run an ad to clarify that you are not the person who has been arrested, etc. Once you do that, you can generally move forward with your name change.
Even if you have an unusual name , one of the challenges people face is that other people in the community might object to their choice. Oftentimes, the decision on whether or not to hold a hearing on the objection is left to the judge. If you do have an objection, simply show up and be prepared with two pieces of supporting information. This can be a driver’s license and marriage certificate or two forms of identification and a bill.
If you face objections when you put in a request to change your name in Georgia, there is an option that you can explore. In cases when someone objects, a hearing is typically held. However, without an understanding of Georgia’s law regarding name changes, the judge or court might not fully understand that a name change does not mean that you are changing your identity. You are only changing the name that is recorded at the courthouse. This falsification of identity is what usually gives the judge the impression that you might commit identity fraud. If you face a complaint, put in your request for a name change anyway and explain that you are only changing your name and not trying to falsify your ID. There is nothing illegal about changing your name in Georgia, and you have every right to do so.
Other issues that people face when they try to change their names in Georgia typically revolve around running ads to advertise that you are changing your name. In an instance where you have a common name, you should look at having the ad run in the city that you live in. You can save yourself a lot of money by running the ad in a local newspaper.