Name Change in California: Easy As 1-2-3

A name is often crucial to who you are. It forms part of your identity. It helps family, friends, and even strangers recognize you. Despite its importance, changing your name in California is often a straightforward process. However, many find they need the guidance of a Family Law Attorney to ensure that their name change request is done accurately and expeditiously.

In most cases, a Court order is necessary to change your legal name. A general name change can take three months (or more) and involves four steps.

1. File a Court Petition

First, you must file specific forms with a Superior Court in your county. A filing fee is required, currently approximately $435, with additional Court fees if filed online. If your financial circumstances are limited, the Court may waive the fee. The forms required are as follows (the Courts may require other, local forms*):

• Petition for Change of Name (NC-100 Form).
• Name and Information about the Person Whose Name is to be Changed (NC-110 Form).
• Order to Show Cause-Change of Name (NC-120 Form).
• Civil Case Cover Sheet (CM-010 Form).
• Decree Changing Name Form (NC-130 Form).
• Civil Case Cover Sheet Addendum and Statement of Location (Local Form) *.
• Name Change Criminal History Assessment (Local Form) *.

2. Publication Requirement

Once your forms are filed, you will get the NC-120 Form back from the Court with a Judge’s signature or a stamp. This is your permission to publish your name change request with a newspaper of your choice.   

You must publish a name change request in a newspaper notices section. You should research the newspaper before filling out the forms, to ensure it is qualified to publish legal notices within the county you are filing in.

Provide the newspaper with the NC-120 Form, pay their required fee, and request publication once a week for four (4) consecutive weeks before your hearing date. Given a hearing can be scheduled within six (6) weeks after receiving your permission to publish (NC-120 Form), it is important to not waste time and publish with a newspaper as soon as possible.

Once the newspaper has published for the four (4) consecutive weeks, it will send the proof of publication to the Court – confirm with the newspaper representative that they timely filed the proof of publication before the hearing. Also, ask the newspaper to provide you with a copy of the proof filed with the Court for your own records.

3. Hearing

Not all courts require a hearing. If no one objects to your name change and all documents are correct, the Court may approve your name change request without a hearing. However, if someone objects, the Court will require their presence at the hearing so the Court can ask questions.

A few days before the Court hearing, you would need to call the Court Clerk in the Department where your matter is scheduled and ask if a hearing is necessary or whether the Judge intends to approve your request without a hearing.

If you are unable to get a hold of a Court Clerk, you would need to prepare and attend your scheduled hearing.

If a hearing is held, at the hearing, the Court will sign the order for the name change (NC-130). That order will be filed with the Court Clerk and placed in the Court’s file.

If no hearing is needed, the Court will nevertheless sign the order for the name change (NC-130).

4. Receive Your Decree

You will need to obtain a “Certified Copy” of the order (NC-130) from the Clerk’s Office, which could take a couple of weeks to be prepared and available for pick-up. The cost of a Certified Copy is currently $40. A Certified Copy is needed to update your passport, driver’s license, Social Security card, and other legal identification documents.

Context Behind Name Changes

There are many reasons why an individual may want to file a name change request using the method described herein. Some of the reasons people decide to change their name include (this is not an exhaustive list):

• Child Name Changes – Parents can change their child’s name for many reasons. For example, they may no longer believe it fits their newborn’s personality.
• Gender Transition – In California, you can change your name to match your gender identity.
• Delayed Name Change – Some people may not change their names when they first get married, registered as domestic partners, or divorced. In some circumstances, they may wait until they have a child – opting to have the same surname as the child.
• Death of a Spouse – If a spouse dies, some people no longer feel tied to the last name of their deceased spouse and want to change their last name to their prior last name.

Final Thoughts

Changing your name is a deeply personal decision, often tied to major life events or transitions. Whether your situation is simple or more complex, working with a Family Law Attorney can help guide you through a smooth process while protecting your rights and interests.

Nancy Martinez is a Family Law Attorney at Lewitt Hackman