Overview of Name Change in Arizona
Understanding Arizona name change laws is important for individuals considering a change to their birth or legal name. While some people believe it is easier to just use their "assumed name" socially or professionally, legally changing the name often prevents people from struggling with how to properly identify themselves in legal matters like establishing rights to property or assets. Changing your name in Arizona is generally a fairly straightforward process, although there are some situations that may require special considerations or leave a person feeling as if they deserve an easier path to having their name changed. The key is understanding the name change process and what it can entail.
Some people opt to change their names because they feel like their name does not suit them anymore—or in some cases it never did. Some people legally change their names after a divorce in order to go back to their maiden name , while others might feel that it is important to have the same last name as their spouse and children. There are many reasons why people decide to legally change their names, but it is important to know that the process is not particularly complicated and usually only involves some basic paperwork, filing with the court and publishing a notice in the newspaper to inform others where you live that your name has changed.
Most people are eager to have their name change approved without delay, but those who have previously committed crimes that may cause them to want to change their name to avoid detection or prosecution may have more difficulty. In some cases, the court may deny the name change application altogether (especially for certain types of offenses), but generally if the person has been remorseful, has served their time or completed restitution, has no outstanding warrants (including for child support) and does not have other objections under Arizona’s Name Change Act, they should be able to have a name change approved within a few months.
Name Change Eligibility Criteria in Arizona
In Arizona, any adult can be eligible to file a petition to legally change their name. In addition to adults, married minors whose parents consent can also petition the court for a name change. However, single minors may face more restrictions. Generally, an individual who is married may initiate a name change proceeding without any restrictions in Arizona. Those who are not married must submit a consent to the name change petition if they are a minor. The consent must be made by both parents who are legally competent unless one or both parents cannot be located.
The age of the child and the circumstance of the parent may affect the time at which a minor is allowed to legally change their name. For instance, a minor child may change their name upon the age of emancipation.
There are certain individuals who under Arizona State law are not eligible for a name change. Those individuals include:
Alternatively, for those who have recently filed for bankruptcy, they are required to wait a period of time before they can have a legal name change. Arizona State law states that if a person has filed for bankruptcy and the court enters an order granting discharge of debts under chapter 7 of Titles 11, 21, or 33 of the U.S. Code, the person may not change their name for 45 days after the date the order of discharge is entered.
Legal Name Change Process in Arizona
Once you have determined that Arizona is the right state for you to file your name change application, and you have researched your specific requirements, it is important to fully understand the step-by-step process to legally change your name in Arizona.
Step one in the legal process begins with an Arizona Petition to Change Name. In most cases, a simple form will achieve the purpose of filing your petition. However, some situations will require additional documentation beyond a name change petition which should be reviewed prior to starting the petition process. This simple form must be completed thoroughly and accurately, noticing that all of your current names and dates of birth are completed correctly. Also note the requirements for publishing the name change to the local newspaper as mentioned above. Be sure to include your current full name, and the exact new name required, whether it be a completely new name, or a minor spelling change.
Step two requires the filing of the petition in the appropriate courthouse location. There is also a court filing fee, which, if not affordable, can sometimes be waived by submitting an Request to Proceed In Forma Pauperis.
After the filing of your petition, you will receive a hearing date. This is an opportunity for the judge to hear your reasons for the name change, and provide an opportunity to push back on issues such as gender change, U.S. Residency, Adoption name change, etc. If the request is approved, then publication will be made in the local newspaper informing the public of the name change, and a final Order of Name Change will be provided.
Obtaining the forms is easy as they are available online via the Arizona Judicial Branch website. Additionally, they have specific directions as to where to file your petition based on your zipcode. If in doubt, always call or visit your local courthouse. Many also retain a law library which is a good source for sample forms. Sometimes forms can only be obtained from the actual clerk in the courthouses such as in The Maricopa county courts.
Filling out the petition is usually straightforward, and can be confusing at times. Use their instructions and your own common sense, but always ask questions. The courts are familiar with people’s general questions, and want to help. Sometimes you need a lawyer, sometimes you don’t.
Paperwork Needed for Name Changes in Arizona
In the summer of 2015, Governor Doug Ducey signed a bill into law which aims to clarify the law surrounding name changes in Arizona. In addition, it also contains a section-A.R.S. Section 12-601.01-which details all of the documentation necessary to complete a legal name change in Arizona. The new law is a good tool for anyone who’s ready to change their name, as it lays out all of the hoops you’ll need to go through along with what documents you’ll need to gather.
Here’s the full list of the supplemental information and documentation that you’ll need to provide to your local court clerk if you’re changing your name within the state of Arizona:
• Supplemental information regarding the applicant’s birth certificate, including the state and country where the birth was recorded, the name of the hospital where the birth occurred, the full name of each parent (including the maiden names of each parent) at the time of the applicant’s birth, and the date on which the birth certificate was issued
• A certified copy of the applicant’s birth certificate if it’s not on file with the applicant’s local clerk; or, if the applicant was not born in the United States, a certified copy of the naturalization record or certificate
• A copy of any marriage license, dissolution decree or other pertinent document that bears the former name of the applicant
• Any documentation related to legal name changes of the applicant or the applicant’s spouse or former spouse
• A fingerprint clearance card for the department of public safety for applicants who are seeking a name change from a legal name to a fictitious name
• A certified copy of the court order or judgment of a court if the applicant is seeking a name change to correct an error in a prior name change
• Any court documents regarding a name change for any non-marriage reasons.
Reasons Why Name Changes Can Be Denied in Arizona
Failure to provide complete paperwork and documents, inaccurate information, and omission of vital details are some of the most common reasons for name change denials. It is important to fully communicate your intentions to the presiding judge in a clear and concise way. You will also need to pay attention to certain technical details, such as the inclusion of an original copy of your birth certificate and social security card. Errors in spelling or formatting of the request can also result in a denial. Your request should be free of typing errors, inconsistent capitalizations, unwanted punctuation, unnecessary spaces, and anything else that would potentially confuse what you are trying to achieve. Such mistakes may also interfere with your ability to find information concerning criminal proceedings. While most name change requests made by individuals with prior felony convictions are usually not automatically denied, this is not always guaranteed . The judge will examine the criminal record closely to determine if your new name would be conducive to committing future crimes. This may particularly be an issue if you have been convicted of a violent, sexual, or otherwise severe crime. It is also important to take the possibility of name change restrictions into account. Your new name may be subject to automatic or temporary restrictions if it does not meet certain requirements or complies with the guidelines set by the court’s jurisdiction. Outreach to victims of stalking and other crimes can also play a significant role in whether or not your name change request is granted. Victims of stalking, harassment, repeat assault, and other crimes may file objections if they fear that their lives could be put in jeopardy by a name change. Assuming that there was a valid reason for making the name change request in this situation, a judge generally does not allow the abuser to choose a new name that is likely to lead to more harassment or stalking.
Post Name Change: What to Update
Once the name change is granted, the individual should file a certified copy of the order with the probate court or clerk of the court so that there is a public record of the name change. The individual then has the obligation to notify all pertinent parties of this name change. Typically, this includes but is not limited to: the Social Security Administration, motor vehicle department, employment records, bank accounts, credit cards, utility companies, and any other business, governmental agency or other entity that the individual has an account, contract, obligation or benefit with. The more complicated name change can involve notifying immigration authorities, updating records for title insurance, real estate, corporate filings, etc. Failure to notify others of the name change resulting in future problems can lead to embarrassment, confusion, and cost to rectify.
Extraordinary Situations: Minors & Gender Changes
There are additional considerations for individuals who are seeking to change their names in special circumstances, such as changing the name of a minor child or changing one’s name in conjunction with a gender transition or change.
If a parent wishes to change the name of a minor child, a petition for name change must be filed with the court. This must be done even when the change is agreed upon by both parents and there even may be additional requirements for cases involving divorced or unmarried parents that share custody. There may be consequences for failing to seek a name change through the court. When the petition is filed, the clerk will issue a separate Order to Show Cause that requires the parents to appear at a hearing on the name change. Among the issues raised at the hearing will be whether the name change is in the best interest of the child.
Another class of individuals who may change their legal name are those who are transitioning genders or have already transitioned. These individuals will need a court order to change their name and the judge will not require a particular reason for requesting a name change. The standard for the name change application is the same as any other adult who is not seeking a name change to defraud others, commit a crime, etc.
In addition the legal name change, the individual must also obtain a gender designation amendment from the Arizona Department of Health Services for purposes of obtaining a new birth certificate with an appropriate amendment. The amendment is made "For Sex Reassignment" and must be supported by appropriate documentation from a physician. Obtaining an amendment to the gender designation is separate from the name change through the court and, moreover, the court’s grant of an application for the name change is entirely independent of DHS’ decision to grant the amendment.
Resources for Name Change Seekers
If you are interested in changing your name, there are a number of resources available online and off that can help. Here are some useful links to government and non-profit organization sites that may provide you with further assistance:
- Arizona Judicial Branch FAQ page
- A Guide for Arizona Name Change Goes into detail about the legal requirements for obtaining a name change in Arizona and provides links to official forms.
- Arizona Department of Economic Security website contains links to several relevant forms for name changes as well as explanations of the process.
- Arizona State Law Library provides online and offline resources for those interested in researching the laws surrounding a name change in Arizona.
5 . Arizona Center for Law in the Public Interest has an article on changing your name in Arizona and a fact sheet on changing your name after a divorce.
- Neighborhood Legal Clinics in Arizona are nonprofit organizations that offer free legal help to low-income residents in various areas of the state.
- Arizona Bar Association provides a list of forms for common legal processes, such as changing your name.
- ProNo ICO is a nonprofit that provides free legal information and resources for self-represented litigants in California.
- Legal Aid of Arizona helps low- and moderate-income people obtain justice through legal representation, education, and support services.
- CLEO, the Community Legal Aid Online website, provides several free tools for finding legal help and legal research resources.