By: Sapir Sela, Family Law Attorney at SW&L Attorneys
An adult name change in North Dakota is a court process governed by N.D.C.C. section 32-28-02. If you have lived in your current North Dakota county for at least six months and you are a United States citizen or permanent resident, you can petition the district court to legally change your name. The process involves preparing a petition, publishing notice in your county’s official newspaper, filing paperwork with the court, and obtaining a judge’s signed order. While the legal steps are straightforward in concept, the details matter and mistakes or missing information can cause delays. That is why many people choose to work with a family law attorney to make the process as smooth as possible.
At SW&L Attorneys, our family law team handles adult and minor name changes for clients across North Dakota and Minnesota. This article walks you through what you will need to provide, what the law requires, and how we handle each step on your behalf for a North Dakota Adult Name Change.
A. What Are Common Reasons for an Adult Name Change in North Dakota?
People seek name changes for many reasons, and the court does not limit you to a specific list. Under N.D.C.C. § 32-28-02, you must state the reason for the requested change in your petition, and the court must find that “proper and reasonable cause” exists. Some of the most common reasons our office sees include personal identity preferences, gender identity, cultural or religious reasons, dislike of a current name, desire to adopt a family name, or simply wanting a fresh start after a significant life change.
A name change related to a marriage or divorce is typically handled as part of those proceedings and does not require a separate petition under N.D.C.C. Chapter 32-28. This article focuses specifically on standalone adult name changes in cases where you are petitioning the court for a name change outside of a marriage or divorce.
B. What Information Will You Need to Provide for a Name Change Petition?
When you hire our office for an adult name change, one of the first things we do is send you an intake form. The intake form gathers the information our attorneys need to prepare your petition and supporting documents. Here is what we will need from you:
- Your full legal name and any previous names you have used.
- Your home address, county of residence, and length of time at that address.
- Your date of birth, city of birth, and Social Security number.
- Citizenship or permanent resident status.
- Your criminal history.
- Your reason for the name change.
- The name you want.
C. What Is the Step-by-Step Process for a North Dakota Adult Name Change?
Once you have completed your intake form and retained our office, here is how we handle the process from start to finish:
Step 1: We prepare your documents. Our team drafts the Notice of Petition for Name Change, the Petition for Name Change, the Declaration (or Affidavit) of Petitioner, the Confidential Information Form, and a proposed Order Granting Name Change. Each document must contain specific information required by N.D.C.C. Chapter 32-28 and be formatted for the district court in your county.
Step 2: We arrange newspaper publication. Under N.D.C.C. § 32-28-02(3), 30 days’ notice of the intended application must be published in the official newspaper of the county where you reside. We identify the correct newspaper for your county and arrange for publication of the Notice of Petition for Name Change. After publication, the newspaper provides an Affidavit of Publication (or Declaration of Publication), which we file with the court as proof that notice was given.
There is an important exception: the court may waive the publication requirement if you are only changing your first or middle name (not your surname), or if you are a victim of domestic violence as defined in N.D.C.C. § 14-07.1-01. If either exception applies to you, we include a waiver request in your petition.
Step 3: We file everything with the court. After the 30-day publication period has passed, we file your completed petition, the Affidavit of Publication, the Confidential Information Form, the Declaration of Petitioner, any written objections received, and the proposed Order Granting Name Change with the Clerk of District Court in your county.
Step 4: Criminal history review. After filing, the court determines whether a criminal history background check is required. Under N.D.C.C. § 32-28-02(2), the court may require a statewide and nationwide criminal history record check. You are responsible for paying the costs of the background check. If you disclosed your criminal history to us during intake, we are already prepared for this step and can address any concerns proactively.
Step 5: The court rules on your petition. An in-person hearing is not always required. Many name change petitions in North Dakota are granted without a hearing. The judge reviews the filings and signs the Order Granting Name Change. However, if the judge determines a hearing is necessary, we represent you at that hearing. If the judge signs the order, your name is officially changed.
Step 6: Next steps. After the order is signed, you will need certified copies of the Order Granting Name Change and the Confidential Information Form. These are necessary to update your name with agencies and institutions such as the Social Security Administration, the North Dakota Department of Transportation (for your driver’s license), your bank, your employer, and North Dakota Vital Records (to amend your birth certificate). We make sure you know exactly what to do after the court order is in hand.
D. How Long Does a Name Change Take in North Dakota, and What Does It Cost?
The timeline for an adult name change in North Dakota depends on several factors, but clients should generally expect the process to take approximately six to ten weeks from start to finish. The biggest chunk of time is the 30-day newspaper publication period required by N.D.C.C. § 32-28-02(3). After filing, the court’s review timeline varies by county, but many judges rule on uncontested name change petitions within a few days.
In terms of cost, you should plan for the $160.00 court filing fee, newspaper publication costs (which vary by county, but typically range from $50 to $150), and any costs associated with a criminal history background check if required by the court. Attorney’s fees are separate and will depend on the complexity of your case. If you have a felony conviction, for example, additional work may be required to address the statutory presumption of bad faith.
E. Why Should You Hire an Attorney for a Name Change?
You are not required to hire an attorney for a name change in North Dakota. The North Dakota courts provide self-help forms for people who choose to represent themselves. However, there are several reasons why clients choose to work with our office:
Accuracy matters. An error in your petition such as a wrong date, a misspelled name, or a missing document, can result in delays or a denied petition.
Criminal history complicates things. If you have a criminal record, especially a felony, the process is more involved. The statute creates a presumption against you, and overcoming it requires presenting clear and convincing evidence.
You save time and stress. We handle the publication, the paperwork, and the filing. You complete one intake form, and we take care of the rest. For most of our clients, this means peace of mind and a much smoother experience.
If any objections are filed. Although rare, anyone can submit a written objection to your name change after the newspaper notice is published. If that happens, having an attorney already on your side means we are prepared to respond and advocate for you before the court.
F. Frequently Asked Questions (FAQ’s) About North Dakota Adult Name Changes
Do I have to go to court for a name change in North Dakota?
Not necessarily. Many adult name change petitions in North Dakota are granted without a court hearing. The judge reviews the filed documents and, if satisfied, signs the Order Granting Name Change. However, the court has discretion to schedule a hearing if it determines one is needed. If a hearing is required, we attend with you.
Can I change my name if I have a felony conviction?
It is possible, but the process is more difficult. Under N.D.C.C. § 32-28-02(2), a felony conviction creates a presumption that the name change request is made in bad faith. You must overcome this presumption by proving, with clear and convincing evidence, that your request is made in good faith, is not intended to defraud or mislead, and will not cause injury to anyone or compromise public safety. Working with an experienced attorney is strongly recommended in this situation.
Can I avoid publishing my name change in the newspaper?
In limited circumstances, yes. The court may waive the publication requirement if you are only changing your first or middle name (not your last name), or if you are a victim of domestic violence as defined by N.D.C.C. § 14-07.1-01. Outside of these two situations, the 30-day newspaper publication is required.
How long do I have to live in North Dakota before I can file for a name change?
You must have been a bona fide resident of the North Dakota county where you are filing for at least six months before filing your petition. N.D.C.C. § 32-28-02(1)(b). If you recently moved to a new county within North Dakota, the six-month clock resets for that county.
What do I do after the judge signs the name change order?
After the court grants your name change, you will need certified copies of the Order Granting Name Change and the Confidential Information Form. You then update your name with the Social Security Administration, the North Dakota Department of Transportation, your bank, your employer, your health insurance, and North Dakota Vital Records to amend your birth certificate.
Is my personal information (like my Social Security number) kept private?
Yes. Your Social Security number, date of birth, and other sensitive information are submitted on the Confidential Information Form, which is filed under seal and protected from public access under Rule 3.4 of the North Dakota Rules of Court.
Does a name change affect my legal rights or pending lawsuits?
No. Under N.D.C.C. § 32-28-04, a name change does not affect or alter any pending legal proceedings, or any existing rights, titles, or interests.
If you want to talk more about your name change, please contact SW&L’s family law team at 701-297-2890 or email us at: info@swlattorneys.com.
The information contained in this article and on this website is for informational purposes only. Do not rely on the information on this website as legal advice. Please refer to the full disclaimer here.
