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All you have to do is complete and file a petition for name change with the court. There are many reasons for officially changing your name. The most common are marriage and divorce. But if your birth name is Mergatroid or something like that, you might not need any other reason.
The cost of filing at the District Court will vary depending on the county in which you reside. You should be prepared to pay $100 to $150. If you are unable to pay the fee, you can apply to have your fees waived by filling out the Informa Pauperis Application Form and submitting it with your petition.
Go to the Clerk of District Court's office in your county courthouse. File the original Petition for Name Change, Order Setting Hearing, and Notice of Hearing on Name Change. If you can't afford the filing fees, ask the Clerk of District Court for an Affidavit of Inability to Pay.
Petition to change your name by filling out a name change form, an order to show cause for legally changing your name, and a decree to legally change your name. Take these forms to the court clerk and file them along with your state's required filing fees.
Go to the Clerk of District Court's office in your county courthouse. File the original Petition for Name Change, Consent to Name Change of Minor Child, Order Setting Hearing, and Notice of Hearing on Name Change of Minor Child. Also give your copies to the Clerk and ask the Clerk to conform them for your records.
Both parents must applyBoth parents named on the child's birth certificate must apply to change their child's name.
The cost of filing at the District Court will vary depending on the county in which you reside. You should be prepared to pay $100 to $150. If you are unable to pay the fee, you can apply to have your fees waived by filling out the Informa Pauperis Application Form and submitting it with your petition.
In most states, you have to pay a fee (usually $150 to $200) to file your name change petition in court. It also costs a small amount of money to get forms notarized. And if you're getting married, you may want to pay for additional certified copies of your marriage certificate to use as proof of your new last name.
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Montana, but does include basic and other provisions.
Name Change Action Allowed: In Montana, a person may change their name by filing an action in the district court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change and also find it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be provided notice of the Petition? The General Public through publication of notice in a newspaper published in the county.
Procedures: The process for obtaining a name change for an adult in the State of Montana begins with the filing of a Petition with the Superior Court in the jurisdiction in which Petitioner resides. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, the place of birth and residence of the Petitioner, and the reasons for the requested change of name.
After the Petition is filed and the required fee paid, the Court will set the Petition for a hearing. During the period prior to the hearing, the Petitioner is required to give public notice of the relief requested and the date of the hearing in a local newspaper. The notice must be published once each week for four calendar weeks.
After publication is complete, the Petitioner must submit proof of publication to the Clerk of the Court. This is accomplished by filing an affidavit provided by the newspaper verifying the publication. The affidavit is attached to a copy of the published notice and filed with the Clerk.
At the hearing, if the court is satisfied there is no reasonable objection to the name change and that it is consistent with the public interest, the Court will issue a Judgment authorizing the name change.
Additional Information and Instructions
Statutes:
Petition for change of name of natural person:
All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person and, if the person is under 18 years of age, by one of the person's parents, if living, or if both are dead, then by the person's guardian, and if there is no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of the person, the person's present name, the name proposed, and the reason for the change of name and must, if neither parent of the person is living, name as far as known to the petitioner the near relatives of the person and their place of residence. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 1 General Provisions, Sec.27-31-101.]
Petition for change of name of nonprofit corporation:
Any religious, benevolent, literary, or scientific corporation or any corporation bearing or using or being known by the name of any benevolent or charitable order or society may by petition apply to the district court of the county in which its articles of incorporation were originally filed or in which its property is situated for a change of its corporate name. Such petition must be signed by a majority of the directors or trustees of the corporation and must specify the date of the formation of the corporation, the name proposed, and the reason for the change of name. Upon the filing of the petition, the same procedure shall be followed as upon applications for changes of names of natural persons. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 1 General Provisions, Sec.27-31-102.]
District court jurisdiction:
Applications for change of names must be heard and determined by the district court. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 1 General Provisions, Sec.27-31-103.]
Part 2 Procedure
Order setting hearing date -- notice -- safety:
(1) When a petition setting out the matters contained in 27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 successive weeks in some newspaper published in the county, if a newspaper is printed in the county. If a newspaper is not printed in the county, a copy of the notice must be posted in at least three public places in the county for 4 successive weeks.Filing of objections to change:
At any time before such hearing, objections may be filed by any person who can, in such objections, show to the court or judge good reasons against such change of name. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 2 Procedure, Sec.27-31-202.]
Conduct of hearing:
On the day set for the hearing of said petition or at any time to which the hearing is continued or postponed, due proof of the publication or posting of the required notice as set out in 27-31-201 being made, such application must be heard.On the hearing the court or judge may examine on oath any of the petitioners, remonstrants, or other persons touching the application. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 2 Procedure, Sec.27-31-203.]
Court order:
The court or judge may make an order changing the name or dismissing the applications, as to the court or judge may seem right and proper. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 2 Procedure, Sec.27-31-204.]
Other Name Change References
Minors and adults defined:
(1) Minors are:Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Montana, but does include basic and other provisions.
Name Change Action Allowed: In Montana, a person may change their name by filing an action in the district court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change and also find it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be provided notice of the Petition? The General Public through publication of notice in a newspaper published in the county.
Procedures: The process for obtaining a name change for an adult in the State of Montana begins with the filing of a Petition with the Superior Court in the jurisdiction in which Petitioner resides. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, the place of birth and residence of the Petitioner, and the reasons for the requested change of name.
After the Petition is filed and the required fee paid, the Court will set the Petition for a hearing. During the period prior to the hearing, the Petitioner is required to give public notice of the relief requested and the date of the hearing in a local newspaper. The notice must be published once each week for four calendar weeks.
After publication is complete, the Petitioner must submit proof of publication to the Clerk of the Court. This is accomplished by filing an affidavit provided by the newspaper verifying the publication. The affidavit is attached to a copy of the published notice and filed with the Clerk.
At the hearing, if the court is satisfied there is no reasonable objection to the name change and that it is consistent with the public interest, the Court will issue a Judgment authorizing the name change.
Additional Information and Instructions
Statutes:
Petition for change of name of natural person:
All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person and, if the person is under 18 years of age, by one of the person's parents, if living, or if both are dead, then by the person's guardian, and if there is no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of the person, the person's present name, the name proposed, and the reason for the change of name and must, if neither parent of the person is living, name as far as known to the petitioner the near relatives of the person and their place of residence. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 1 General Provisions, Sec.27-31-101.]
Petition for change of name of nonprofit corporation:
Any religious, benevolent, literary, or scientific corporation or any corporation bearing or using or being known by the name of any benevolent or charitable order or society may by petition apply to the district court of the county in which its articles of incorporation were originally filed or in which its property is situated for a change of its corporate name. Such petition must be signed by a majority of the directors or trustees of the corporation and must specify the date of the formation of the corporation, the name proposed, and the reason for the change of name. Upon the filing of the petition, the same procedure shall be followed as upon applications for changes of names of natural persons. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 1 General Provisions, Sec.27-31-102.]
District court jurisdiction:
Applications for change of names must be heard and determined by the district court. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 1 General Provisions, Sec.27-31-103.]
Part 2 Procedure
Order setting hearing date -- notice -- safety:
(1) When a petition setting out the matters contained in 27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 successive weeks in some newspaper published in the county, if a newspaper is printed in the county. If a newspaper is not printed in the county, a copy of the notice must be posted in at least three public places in the county for 4 successive weeks.Filing of objections to change:
At any time before such hearing, objections may be filed by any person who can, in such objections, show to the court or judge good reasons against such change of name. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 2 Procedure, Sec.27-31-202.]
Conduct of hearing:
On the day set for the hearing of said petition or at any time to which the hearing is continued or postponed, due proof of the publication or posting of the required notice as set out in 27-31-201 being made, such application must be heard.On the hearing the court or judge may examine on oath any of the petitioners, remonstrants, or other persons touching the application. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 2 Procedure, Sec.27-31-203.]
Court order:
The court or judge may make an order changing the name or dismissing the applications, as to the court or judge may seem right and proper. [Montana Code, Title 27 Civil Liability, Remedies, and Limitations, Chapter 31 Change of Name, Part 2 Procedure, Sec.27-31-204.]
Other Name Change References
Minors and adults defined:
(1) Minors are: