Frequently Asked Questions About the Name Change Process

1. What are the fees involved with a name change application?
2. How long will the entire application for change of name take?
3. Can the entire procedure take place online or will a court appearance be necessary?
4. If I was born in Hawaii but have since moved to Hawaii, in which state should I file my application for change of name?
5. I am only interested in changing my first name. Do your forms apply to this circumstance?
6. Are your name change forms appropriate if I have recently married?
7. Are your name change forms appropriate in adoption proceedings or paternity actions?
8. If the paternal father's name isn't on my stepdaughter's birth certificate do we need to notify the paternal father of our petit

What are the fees involved with a name change application?

The cost of our forms is the only charge we will collect. Other charges you may incur in the filing of any legal pleading with a court could include: filing fees, postage for certified mailings, fees associated with the signatures and seals of a Notary Public, publication fees and service of process charges. It is difficult to determine exactly what fees will be needed due to the varying circumstances surrounding any legal action or case. Moreover, the processes and requirements for a name change application vary from state to state and sometimes even from county to county or courthouse to courthouse. We recommend that you contact your local court clerk for information regarding the exact current cost of these fees.

How long will the entire application for change of name take?

Name change actions can take anywhere from a day, to six (6) months (sometimes even longer). The time it takes for such action to be ordered/decreed varies from county to county in Hawaii. 

Can the entire procedure take place online or will a court appearance be necessary?

We always recommend that our customers file their action (documents/forms) in-person at their local courthouse. This is the fastest, easiest and best approach to filing. Besides appearing to file your documents/forms, name change actions often require other appearances within court. 

If I was born in Hawaii but have since moved to New Jersey, in which state should I file my application for change of name?

In order to file for a name change, one must meet the residency requirements of the state in which you wish to file. In other words, in order to petition a state for name change, you must be a permanent resident of that state. All states require a Petitioner/Applicant to be a resident of the state -- often for at least six months and sometimes for as long as one year -- before filing for a name change there. Someone who files for a name change, typically, must offer proof that (s)he has resided there for the required length of time. 

I am only interested in changing my first name. Do your forms apply to this circumstance?

Our name change forms are applicable to changes of the first name, middle name, last name and/or any combination.

Are your name change forms appropriate if I have recently married?

Our name change forms are not to be used when the name change is a result of marriage .

Are your name change forms appropriate in adoption proceedings, bankruptcy or paternity actions?

Our name change products and services are not to be used in connection with an adoption or paternity action, since in such cases the name change should be done as part of that case or proceeding.

Our name change materials (information and products) are for simple uncontested name change actions only. Attempting to change one's name when contemplating filing for bankruptcy and/or after one has claimed bankruptcy can be complicated and our name change pleadings are not applicable in such situations. These situations would typically require the assistance of an attorney who is a member of the Hawaii bar.

If the paternal father's name isn't on my stepdaughter's birth certificate do we need to notify the paternal father of our petition?

Any parent or adult who retains parental or custodial rights over a minor has a right, based in statute, to be notified and must provide consent or waiver of consent to legal actions regarding the minor. The general rule is that both parents must consent to a name change for a minor. Our products are designed for uncontested legal actions only - actions where all interested parties can come to agreement.

(a) Applicability.- This Rule applies to actions for change of name other than in connection with an adoption or divorce.

(b) Venue.- An action for change of name shall be brought in the county where the person whose name is sought to be changed resides.

(c) Petition.- (1) Contents.- The action for change of name shall be commenced by filing a petition captioned "In the Matter of . . ." [stating the name of the person whose name is sought to be changed] "for change of name to . . ." [stating the change of name desired]. The petition shall be under oath and shall contain at least the following information; (A) the name, address, and date and place of birth of the person whose name is sought to be; (B) whether the person whose name is sought to be changed has ever been known by any other name and, if so, the name or names and the circumstances under which they were used; (C) the change of name desired; (D) all reasons for the requested change; (E) a certification that the petitioner is not requesting the name change for any illegal or fraudulent purpose; and (F) if the person whose name is sought to be changed is a minor, the names and addresses of that person's parents and any guardian or custodian. (2) Documents to be attached to petition.- The petitioner shall attach to the petition a copy of a birth certificate or other documentary evidence from which the court can find that the current name of the person whose name is sought to be changed is as alleged.

(d) Service of petition - When required.- If the person whose name is sought to be changed is a minor, a copy of the petition, any attachments, and the notice issued pursuant to section (e) of this Rule shall be served upon that person's parents and any guardian or custodian in the manner provided by Rule 2-121. When proof is made by affidavit that good faith efforts to serve a parent, guardian, or custodian pursuant to Rule 2-121 (a) have not succeeded and that Rule 2-121 (b) is inapplicable or that service pursuant to that Rule is impracticable, the court may order that service may be made by (1) the publication required by subsection (e)(2) of this Rule and (2) mailing a copy of the petition, any attachments, and notice by first class mail to the last known address of the parent, guardian, or custodian to be served.

(e) Notice.- (1) Issued by clerk.- Upon the filing of the petition, the clerk shall sign and issue a notice that (A) includes the caption of the action, (B) describes the substance of the petition and the relief sought, and (C) states the latest date by which an objection to the petition may be filed. (2) Publication.- Unless the court on motion of the petitioner orders otherwise, the notice shall be published one time in a newspaper of general circulation in the county at least fifteen days before the date specified in the notice for filing an objection to the petition. The petitioner shall thereafter file a certificate of publication.

(f) Objection to petition.- Any person may file an objection to the petition. The objection shall be filed within the time specified in the notice and shall be supported by an affidavit which sets forth the reasons for the objection. The affidavit shall be made on personal knowledge, shall set forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. The objection and affidavit shall be served upon the petitioner in accordance with Rule 1-321. The petitioner may file a response within 15 days after being served with the objection and affidavit. A person desiring a hearing shall so request in the objection or response under the heading "Request for Hearing."

(g) Action by court.- After the time for filing objections and responses has expired, the court may hold a hearing or may rule on the petition without a hearing and shall enter an appropriate order, except that the court shall not deny the petition without a hearing if one was requested by the petitioner.

You don't need to go through a formal legal procedure to change your name after you are marriage as you name changes  automatically by virtue of the marriage ceremony. However, you will have to change your social security card, your driver's license, and other documents that identify you buy your old name.

See Articles in our Law Guide on Name Change after Marriage..

You might find this kit on CD from www.weddingchannel.com to be helpful:

Kit for Changing Your Name After Marriage from the Wedding Channel.

To secure additional copies of your marriage certificate go to the Hawaii Vital Statistics Administration.

Name Change for an Adult

Name Change for a Minor

Use our Paralegal Document Preparation Services and let us do the work for you. Simply complete our Questionnaires and we do the rest.

 

Paralegal Prepared Adult Name Change Price: $79.95

Paralegal Prepared Minor Name Change Price: $99.95