Name Change

Name Change After a Divorce

After a divorce in Texas, you can have your maiden name restored as part of your divorce. The change is not automatic though, so you’ll have to request it as part of your case. In addition, you can only restore your maiden name; if you want a new name, you won’t be able to do it through your divorce case.

Once you get the divorce decree, it will include your restored name. You’ll use a copy of the decree to make changes to your identification documents, accounts, etc.

Name Change After Marriage

If you’re married and changing your last name to match your spouse’s, you’ll use your marriage license as proof of your new name.

Other Name Changes

For minor changes to your first or middle name, you can get an application to amend your birth certificate from the Texas Bureau of Vital Statistics.

To change your last name, you’ll need a court order. You must be at least 18 years old to get one. Your reason for changing your name must be lawful and “in the public interest.” A name change to avoid creditors, for example, won’t qualify.

Steps

  1. Prepare a Petition to Change Name of an Adult (free forms available on www.texaslawhelp.org).

  2. Get a fingerprint card through the Texas Department of Public Safety (DPS). DPS uses an outside company for fingerprinting. You can find locations in Texas on their website.

  3. [Optional] Prepare a Statement of Inability to Afford Court Costs if you can’t afford the ~$200 charge of filing your name change (free forms available on www.texaslawhelp.org).

  4. File the Petition with the fingerprint card attached, along with the Statement of Inability to Afford Court Costs or the filing fees.

  5. Appear before a judge and testify why you want to change your name.

  6. If the name change is granted, go to the clerk’s office and get a certified copy of the court order as proof of the change.

  7. Notify the appropriate agencies of your new name (i.e. Social Security Administration, Texas DPS, etc.). They won’t be told automatically.

Name Change with a Criminal Record

You can change your name if you’ve been convicted of a crime, but there are more requirements.

All offenses charged above a Class C misdemeanor must be listed in the petition, along with the case number and court of each offense. If you’re a registered sex offender, you’ll attached a completed sex offender registration update to the petition.

If you were convicted of a felony, you’ll need to show that:

  • It’s been at least two years since you received your certificate of discharge from the Texas Department of Criminal Justice OR

  • It’s been at least two years since you were released or discharged from probation OR

  • You were pardoned

Name Change of a Child

To make minor corrections to a child’s first or middle name(s), contact the Texas Bureau of Vital Statistics to amend the birth certificate.

If you want to change the child’s last name, you will need a court order.

A petition for change of name of a child is a separate lawsuit unless it’s part of an adoption or paternity proceeding. It can’t be requested in a divorce or modification suit. If the parties agree to the change, they can use the free court forms on www.texaslawhelp.org.

The name change order doesn’t change custody, visitation, or parental rights and duties. It isn’t a substitute for a legal adoption. It only changes the name.

You must give legal notice of the petition to the child’s legal parent, managing conservator, or guardian. A child 10 years or older must consent to the change in writing and the court must find that the change is in the child’s best interest.