Name Change in the State of Texas

The law in the State of Texas which governs the change of name is found in Chapter 45 of the Texas Family Code, entitled, "Change of Name." At this State of Texas website scroll down to Title Two, Chapter 45. You may link to an RTF version, a PDF version.

To change a name for children both parents must agree, short of most extenuating circumstances. The links below are to the RTF format of the statute but you may link to the Table of Contents and find a Word version.

This Chapter of the Texas Family Code Chapter 45 covers the contents of:

1. Petition for Change of Name

2. Affidavit in support of Petition for Change of Name

3. Order

Petition for Change of Name

Your Petition is you statement to the Court of your desire to change your name. The proceeding is initiated by the filing of the Petition.

Venue: This concept governs where (in which county) by law you may filed your Petition for Change of Name. This Petition for Change of Name is filed in the District Court of the county in which you reside. This is known as your venue -- from the latin verb: venir, to come. A venue is the locality where a cause of action occurs in Old French and Middle English it was used as a location from which an attack was launched.

Statutorily, pursuant to section 45.102 of the Texas Family Code the Petition for Change of Name of an adult must include the following:

(a) A Petition to Change the Name of an adult must be verified by affidavit (that means sworn before a notary or notarized) and include:

(1) the present name and place of residence of the petitioner;
(2) the full name requested for the petitioner;
(3) the reason the change in name is requested; and
(4) whether the petitioner has been the subject of a final felony conviction.

(b) The Petition must include each of the following or a reasonable explanation why the required information is not included:

(1) the petitioner's:

(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number for any driver's license issued in the 10 years preceding the date of the petition;
(F) social security number; and
(G) assigned FBI number, state identification number, if known, or any other reference number in a criminal history record system that identifies the petitioner;

(2) any offense above the grade of Class C misdemeanor for which the petitioner has been charged; and
(3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an offense listed in Subsection (b)(2).

Affidavit

Your affidavit supporting your Petition for Change of Name must support the facts contained in the petition and an example is found with the Petition as linked here. This affidavit must be signed before a notary. Your bank may provide notary service without charge. Do not sign the affidavit before you get there. Sign it in front of the notary. Take a picture ID with you for the notary to verify your identity.

Order

The Order which you prepare for the Judge to sign must by statutorily contain a finding of the following:

(a) The court shall order a change of name under this subchapter for a person other than a person with a final felony conviction if the change is in the interest or to the benefit of the petitioner and in the interest of the public.
(b) A court may order a change of name under this subchapter for a person with a final felony conviction if, in addition to the requirements of Subsection (a), the person has:

(1) received a certificate of discharge by the pardons and paroles division of the Texas Department of Criminal Justice or completed a period of probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of probation; or
(2) been pardoned.

Library Resources: The most commonly used legal form books are listed below and may be in your local library. Law Libraries in the DFW Area .

West's Texas Family Law Digest. [KFT1294.A53 T49.]

Texas Family Law Practice Manual. [KFT 1294 .S 8 1996.] Four volume looseleaf set. Volume 4 contains alphabetical indexes to topics and the titles of forms. Practice guide contains explanatory notes and sample forms. Each chapter begins with a detailed table of contents. Supplemented annually.

Texas Family Law Practice and Procedure, 2nd. ed. (M. Bender)[KFT1294 F352.]

Texas Family Law Litigation Handbook: with Texas Family Code, Related Texas Codes and Rules, and Related Federal Statutes. [KFT1294 .T38 1999.] Supplements above.

Texas Family Law Service. [KFT 1296 .S64 1988.] Eight volume loose-leaf set. Volume 8 contains an alphabetical index and an Appendix of Forms. Research Guide contains information on statutes, rules, and regulations. Table of contents at beginning of each chapter. Each volume contains a supplement of newer material at the end of the volume.

Texas Litigation Guide, William V. Dorsaneo, ed. [KFT 1730.4.] Multi-volume set with two volume alphabetical index of subjects. References in the index are to chapter and section numbers, not page numbers. Search the index under the topic "Divorce." Each chapter may contain: (1) legal background providing explanatory materials; (2) a drafting guide containing tips on writing documents; (3) a research guide listing other relevant publications; and (4) a forms section. This set is updated through yellow supplement pages filed at beginning of each volume.

Stevenson's Texas Legal Practice Forms, 2d ed. by S. Lee Stevenson. [KFT 1268 .S85 1992.] Four volume loose-leaf set. Separate chapter for "Divorce and Related Family Matters." References are to form numbers, not page numbers. Updated through yellow supplement at end of volume 4.

Texas Jurisprudence Pleading and Practice Forms, 2d ed. [KFT1730 .A65 T482.] See volume 6, "Family Law," sample forms and checklists.

West Texas Forms,see Volume 16, subsection, Family Law. [KFT1268 .W47 vol. 16.] Commentaries and sample forms.

Or you may ask the District Clerk of your county, or any county, actually, to review a file which contains a petition, affidavit and order for change of name. All records in the District Clerk's Office are public records. Once your petition is prepared do not sign it. Wait to sign it in front of a notary.

Changing Your Name with Service Providers

Multiple certified copies or certificates work best when you have to mail them. People are notorious for not returning them even if you include a SASE (self addressed stamped envelope). Following you will find a list of entities to which you must mail or deliver a Clerk's certificate or certified copy of name change:

To Change Your Name Remeber These Entities:

1. Social Security Office - You will need only the certificate or certified Order if you do this in person. However, if you do this by mail, please go to their website to download their Application for Change of Name. To get a new Social Security card, you'll need identification showing your old name and your new name, such as a marriage certificate or divorce decree. If you were born outside the U.S., you also need proof of your U.S. citizenship or that you are lawfully in the U.S. Call 1-800-772-1213 from 7 a.m. until 7p.m. on business days. Sorry, but you will probably have to go to the Social Security Office.

2. State Agency by which you are licensed for any reason, to drive, hair dresser, psychologist, teacher, etc. Contact the State Agency and ask if they require a form. Most do not. Simply mail a letter with the certificate or certified Order attached. For addresses go to: Texas Department of Licensing and Regulation.

3. Credit Card Companies. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.

4. Mortgage Companies. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.

5. Student Loan. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.

6. Bank Loan or any loans. Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.

7. Creditors of any nature providing service to you. (That's easy really, who do you pay your bills to each month and this includes internet service providers, Insurance, car and home.) Did you know many credit card companies purchase feeds from the U.S. Post Office and automatically track your new address once you fill out a change of address form?

8. Passport reissuance. Change Your Name.

9. Car registration. County Tax Assessor.

10. Boat registration. County Tax Assessor.

11. Taxing entities:

IRS down load form for Change of Name though you should not have to do this. Once you change your name with the Social Security Administration it will automatically be changed with the IRS.
Sales Tax Certificate - Letter and certificate or Certified Order all that needed. SASE (self addressed stamped envelope) if you want the Order returned.

Property Tax - Letter and certificate or Certified Order all that needed. SASE if you want the Order returned.

12. Medical Records, doctors, and anyone who has your medical records on which you rely historically and veterinarians. Do it all, it's so pesky to find someone with the wrong name, just one last person. This includes your health insurance carrier and physicians are reviewing health care insurance cards with greater scrutiny.

13. Church and community activites.

14. Your alma mater(s).

15. Driver's License. Just take your certificate or certified Order and have a new picture taken. The new license will come in the mail soon.

16. Stock Brokers required certified order.

17.Voter Registration (you can apply online if you are not registered). Voter Registration is relatively easy to change as of January 1, 2002. This may in the future become more difficult. You can simply write the election office in the county (List of Election Offices) in which you are registered to vote and advise them of your new name. They need no order and no certificate. If you have your voter registration number found on your voter registration card, include this number in your letter. Of course, you may simply go by the office and request a name change.

Another great website for voting is JustVote.org. You can vote by mail, change your voting precinct or send it to a friend. I love this website. If you move this site also has the option to both change your name and address with a form to be mailed.

18. Change Your Notary Certificate in Texas.

Court Orders to Share with Third Parties

Note: Stamp filed copies are free if the copies are yours. They are simply stamped by the District Clerk, however, most entities will not accept a stamped filed copy to change your name. You need a certified copy.

Certified copies of your Court Order changing your name have a fee, typically $2.00 to $3.00.

Certificates of Change of Name are available from the District Clerk and have a fee of $10.00. Why would anyone want a certificate you ask? Often a name change is a part of a decree of divorce and is found in one of thirty pages. In this case a certificate is preferred. You do not want to mail your Decree of Divorce to every entity that wants to verify your name change.

Name Change at the Time of Divorce

You may restore your maiden name at the time of your divorce. This is the most economical method, otherwise, to change you name later you will incur an additional filing fee unless you can convince the District Clerk to file your petition as a part of your former divorce..

Pertinent Texas Statute:

Texas Family Code § 45.105. CHANGE OF NAME IN DIVORCE SUIT. (a) On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states in the decree a reason for denying the change of name. The court may not deny a change of name solely to keep last names of family members the same.

(b) A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court as provided by Section 45.106.

Added by Acts 1997, 75th Leg., ch. 165, § 7.10(a), eff. Sept. 1,

General Information

Children generally must have both parents concur in the change of their name. You must file your petition in the county/state in which you currently reside. This is referred to as the "venue" in the Family Code. Below are excerpts for the Adult Change of Name Section from the Texas Family Code:Section "B". For the requirements for the change of name of a child see SUBCHAPTER "A" of the Family Code under Texas Statutes § 45.101(a).

Excerpts from the Texas Family Code:

Texas State Law

The applicable main law for adults is in the Texas Family Code at TITLE 2.B § 45.101.

http://www.capitol.state.tx.us/statutes/fa/fa0004500toc.html

SUBTITLE C. CHANGE OF NAME
CHAPTER 45. CHANGE OF NAME OF ADULT

SUBCHAPTER B. CHANGE OF NAME OF ADULT

§ 45.101. WHO MAY FILE; VENUE. An adult may file a petition requesting a change of name in the county of the adult's place of residence.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995.

§ 45.102. REQUIREMENTS OF PETITION.

(a) A petition to change the name of an adult must be verified and include:
(1) the present name and place of residence of the petitioner;
(2) the full name requested for the petitioner;
(3) the reason the change in name is requested;
(4) whether the petitioner has been the subject of a final felony conviction; and
Text of subd. (5) as amended by Acts 2003, 78th Leg., ch. 1300, § 7

(5) whether the petitioner is subject to the registration requirements of Chapter 62, Code of Criminal
Procedure.
Text of subd. (5) as amended by Acts 2003, 78th Leg., ch. 1003, § 1

(5) a legible and complete set of the petitioner's fingerprints on a fingerprint card format acceptable to the
Department of Public Safety and the Federal Bureau of Investigation.
(b) The petition must include each of the following or a reasonable explanation why the required information is not
included:
(1) the petitioner's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number for any driver's
license issued in the 10 years preceding the date of the petition;
(F) social security number; and
(G) assigned FBI number, state identification
number, if known, or any other reference number in a criminal
history record system that identifies the petitioner;
(2) any offense above the grade of Class C misdemeanor
for which the petitioner has been charged; and
(3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an
offense listed in Subsection (b)(2).

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995; Acts 2003, 78th Leg., ch. 1003, § 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1300, § 7, eff. Sept. 1, 2003.

§ 45.103. ORDER. (a) The court shall order a change of name under this subchapter for a person other than a person with a final felony conviction or a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the change is in the interest or to the benefit of the petitioner and in the interest of the public.
(b) A court may order a change of name under this subchapter for a person with a final felony conviction if, in addition to the requirements of Subsection (a), the person has:
(1) received a certificate of discharge by the pardons and paroles division of the Texas Department of Criminal Justice or completed a period of probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of probation; or
(2) been pardoned.
(c) A court may order a change of name under this subchapter for a person subject to the registration requirements of Chapter
62, Code of Criminal Procedure, if, in addition to the requirements of Subsection (a), the person provides the court with proof that the person has notified the appropriate local law enforcement authority of the proposed name change. In this subsection, "local law enforcement authority" has the meaning assigned by Article 62.01,
Code of Criminal Procedure.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995; Acts 2003, 78th Leg., ch. 1300, § 8, eff. Sept. 1, 2003.

§ 45.104. LIABILITIES AND RIGHTS UNAFFECTED. A change of name under this subchapter does not release a person from liability incurred in that person's previous name or defeat any right the person had in the person's previous name.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995.

§ 45.105. CHANGE OF NAME IN DIVORCE SUIT. (a) On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states in the decree a reason for denying the change of name. The court may not deny a change of name solely to keep last names of family members the same.
(b) A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court as provided by Section 45.106.

Added by Acts 1997, 75th Leg., ch. 165, § 7.10(a), eff. Sept. 1,
1997.

§ 45.106. CHANGE OF NAME CERTIFICATE. (a) A person whose name is changed under Section 6.706 or 45.105 may apply to the clerk of the court ordering the name change for a change of name certificate.
(b) A certificate under this section is a one-page document that includes:
(1) the name of the person before the change of name was ordered;
(2) the name to which the person's name was changed by the court;
(3) the date on which the name change was made;
(4) the person's social security number and driver's license number, if any;
(5) the name of the court in which the name change was ordered; and
(6) the signature of the clerk of the court that issued the certificate.
(c) An applicant for a certificate under this section shall pay a $10 fee to the clerk of the court for issuance of the
certificate.
(d) A certificate under this section constitutes proof of the change of name of the person named in the certificate.

Added by Acts 1997, 75th Leg., ch. 165, § 7.10(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 6.06, eff.
Sept. 1, 1999.

 

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