Overview of Arizona Name Change Law
In Arizona, the legal process of changing your name is governed by the Arizona Rules of Family Law Procedure, which outline the required steps to take and the forms to fill out. These are fairly straight-forward and can be completed with minimal difficulty. If a name is being changed for a child, both parents usually need to provide consent, and if the child is over 14 years old, they also need to provide consent . Any requested name changes that could be construed as being for fraudulent purposes are not permitted. While name changes generally do not take much time, if the party seeking the name change has a criminal conviction on his or her record, the name change could take longer, as the party may be required to publish the notice of the name change in a local newspaper who then must wait a period of weeks for the name change to be finalized.
Filing a Petition for Name Change
The petition forms must be filled out completely, but there is no filing fee associated with the petition. On the petition, you’ll need to provide both your current name and the name you hope to change to, as well as with the jurisdiction in which you currently reside. If you have suffered from three or more convictions or probation terms, you will also have to personally sign the form and request a preliminary hearing before the judge.
Once you’ve submitted the petition, the court will then set a hearing date and time for you. If you have not already published notice of your name change in local media (as required by law), then the court will first schedule this initial hearing and then wait 30 days before setting the second and final hearing.
That hearing will usually take place in front of a magistrate, but it can take place in front of a superior court judge. The entire duration of the process should take no more than three months.
Costs and Fees for a Name Change
When you opt to legally change your name in Arizona, there are various costs and fees involved in the process. In addition to the filing and publication fees, there may also be costs related to the civil court process and fees to obtain certified copies of your decree after your name has been legally changed.
For residents of Pinal County, where The Dickerson Law Group is located, the filing fee is $307 total to the Clerk of the Court for Pinal County. This covers one change of a name. If you have two names to change (for instance, you’re changing both a first and middle name), this fee doubles to $614 total. For those who are in uncontested divorce proceedings, a probate petition to change your name will cost $279. Court reporter fees necessary to record ex parte hearings are not included in the filing fees, and these will be billed to you directly by the court stenographer. The filing fee for the clerk of the Superior Court in Pinal County is $307. This fee is applied per name you wish to be legally changed, so if you are changing two names (for instance a first and a middle name), the filing fee doubles to $614. If you are in the process of an uncontested divorce, the filing fees for a name change through the probate petition in Pinal County will be $279. The court stenographer fees to record any ex parte hearings are not included in the filing fees, and they must be paid directly to the stenographer. There is also a publication fee to be paid to an approved newspaper—an estimated $10 to $20, for a total of approximately $425 between your filing fees and publication charges, depending on whether you’re changing one name or two. You’ll additionally need certified copies of your filed and stamped Decree Nunc Pro Tunc, which run about $50 to $100. The fees to be paid directly to the Clerk of the Court for these certified copies depend on the county you are in; in Pinal County, they are $26 per copy. However, once the judge has signed your final order, you’ll also need to pay an additional fee to have your documents mailed back to you. In Pinal County, the cost of mailing is $5, but costs can vary in other counties. If you think the name change process may be too overwhelming or time-consuming, an attorney can help you, and their fees depend on the complexity of the situation. What you pay will correspond to what unique services your name change requires. Typical fees range from $400 to $700, though additional costs are often related to living in a smaller county like Pinal, where you have to visit the courthouse and "stare" at the document in a book, rather than obtaining a certified copy like residents of other counties. You should anticipate a minimum of $600 in fees for a name change if you live in Pinal County, a bit more if you live in Maricopa or Pima counties, and even more still if your name change is more complex due to requests to remove one parent’s name from your child’s birth certificate (which will also require going through Vital Records).
What to Expect at the Court Hearing
To finalize your name change, meeting with the judge is a must. The importance of this hearing cannot be overemphasized, as it is the judge’s hearing that grants the final approval for your new name. While it is almost certain that you will be granted approval, there are a few things you should be aware of so that you can be as prepared as possible.
Generally, you will be asked:
While these questions may appear painfully straightforward, the judge must ask each one to be certain you meet the legal requirements to receive a name change. If you are not ready to answer these questions correctly, we advise you to come back when you can.
Depending on the court calendar and judge, the judge may or may not spend extensive time with each applicant. In most cases, the judge will only spend a minute or two with each petition. The sheer volume of petitions the court handles is a major reason for this brevity. The clerk also plays a large role in meeting with applicants before seeing the judge.
The Neutral Neutralizing Exercise
Remember the "hair dryer" exercise from college? This is sort of like that, but way less confusing. Just like nobody wants to hear about your issues, the judge doesn’t want to hear the drama in all the reasons you want a name change. The judge only needs to hear that you don’t have any of those issues that would make you ineligible for approval, such as pending bankruptcy proceedings, a felony charge, or any stemmed sales reports for criminal offenses. No one wants to be the bad guy in the situation, but the reality is that when it comes to judicial matters like your name change, you will sometimes be that unfortunate person with the worst timing. If the above circumstances apply to you, it is in your best interest to postpone changing your name until after the matter is resolved. Dealing with administrative matters like this can always wait until the mess clears.
Updating Records After the Name Change is Granted
Once your name change has been approved, you’ll want to update your legal name on all official records and identification documents. The name on your official documents should match the name that you will be utilizing in your everyday life.
Your first step in this process will be to obtain certified copies of your Arizona name change order. You can request certified copies from the Clerk of Court’s office. Obtaining certified copies can often be done via regular mail, and many offices will even issue certified copies by mail for a nominal fee. Make sure that you check the rules in your Clerk of Court’s office, as procedures do vary by jurisdiction. If you’re having trouble, consider calling the court directly to speak to someone in the Clerk’s office .
Once you have your certified copy of the order, you can begin the process of updating your various identification documents. Some businesses will accept a simple photocopy, while others will require a certified copy of your name change order to change your records with them. In general, you will need to update your name with several agencies, including: The specific agencies you need to contact will depend on your personal circumstances. For example, if you do not have children, you don’t need to update your child’s birth certificate. If you’re married, and you’ve decided to take your spouse’s last name, that should be the only name that has been legally changed. Your maiden name will still remain on the birth certificate of your children (as their mother), as long as it is not different from your current legal name.
When Minors Change their Names
The above guidelines apply to adults, however special rules and requirements exist when a name change is sought for a minor. The specific rules are as follows:
A. A request may be granted if the Court finds that the name change is not in the interest of the minor child, the best interest of the minor child is the overriding concern, and the parent(s) have to provide certain information and as such will have the burden to show that the name change on behalf of the minor child is appropriate.
B. Because of the sensitive nature of a minor child’s name change, a variety of rules protect the minor child, the parent(s) and public. A two week public notice must be provided when a petition to change a minor child’s name is requested. A notice of the petition must be given to the other parent unless that party or guardian has signed the petition or has been found by the judge to have abandoned the minor child.
C. If a court order has previously established a different name for the child, a full copy of that order must be included with the request to change the child’s name.
D. Unless the judge finds there is good cause not to request the consent temporary custody of the minor child shall be awarded to the parent who is specifically not given permission to change the child’s name.
E. A request for a change of name that is made by a parent who has been found in default regarding child support, parenting time or legal decision-making should not be granted.
F. An order for a minor child’s name change does not affect the rights of the custodial parent, except that the minor child is still required to provide the Court with an updated birth certificate showing the new name.
Potential Pitfalls and Solutions
There are several issues that can come up throughout the name change process in Arizona. Below are some common problems and ways to get through them:
Criminal History
If you have a felony criminal history, you are not going to be able to change your name via a simplified process. You will have to formally petition the court for a change of name. If you have been convicted of a sex offense, you will not be able to change your name for ten years after relationships between adults or children or at the time of your death (whichever comes first) .
Paternity Tests
If you are petitioning to change a child’s name and you have never established paternity, the court will require a paternity test to establish that you are indeed the biological parent before your request can be considered.
Outdated Forms
The court clerk’s office generally provides out-of-date forms that may or may not allow you to complete your paperwork properly. The forms do provide the general guidelines for what your name change should include, however, it is not comprehensive and does not ensure your application will be accepted. Proper forms can be obtained from a lawyer who will take the lead and do all of the work for you. If you do your own paperwork and have to file it yourself, you may face rejection that can easily be resolved by a simple form.