It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
It is not strictly necessary to go to court to change your name. You
can change your name without legal proceedings merely by using the
new name. This name change must not be used for fraudulent purposes,
or it will not be effective. Be aware, however, that such an informal
name change may cause difficulties in governmental offices that will
ask for documentation proving that you are in fact you. You may have
chosen to change your name when you married, which will be documented
by your marriage certificate. A change of name is given in an adoption
and in a divorce so there is no need to file for one.
You may petition the court for a name change. If you are under age
18, written notice must be given to your parents or legal guardian.
You may also need to have your parents’ consent, or have a guardian
appointed for the purpose of changing your name. A name change for
a minor child is not an adoption.
Several documents are needed for a name change, prepared and given
to the court with a filing fee, or fee waiver forms. A brief hearing
may be required when the judge reviews the documents and asks some
basic questions.
You can prepare the papers, or you may hire a lawyer to prepare and
file the documents and represent you in court. If you are doing your
own legal work you should review sections of the Oregon Revised Statutes,
the Uniform Trial Court Rules, and the Local Trial Court rules of your
county, before filing.
Necessary Legal Forms
The documents you need can be found in Portland at Stevens-Ness Law
Publishing Co., and some office supply stores, bookstores, and now
online: search for “name change Oregon forms,” and several
companies will come up. Some court clerks offices and law libraries
also may have forms or sample documents for free. The documents you
will need are:
- "Petition for change of name;
- "Order to give notice to appear and show cause;
- "Notice of change of name hearing;
- "Affidavit of proof of posting notice of hearing;
- "Post order affidavit of posting;
- "Change of name decree; and
- "Notice of change of name.
If you are under 18 years old, or if you wish to change the names
of your whole family, more documents are needed. You may also find
a lawyer helpful in those types of cases.
The Court Process
First you complete and file the petition, which states the facts of
the case. Use your full name on this form and all the others. Fill
out two copies of every form completely, typing or printing neatly
in black ink. File the petition in the county where you live, and pay
a filing fee. The rest of the procedure (using the rest of the documents)
is different in each county, so find out the procedure from the court
clerk, a local lawyer, or your own review of the local and state rules.
There will be a court hearing. The hearing allows anyone who may object
to the name change to come before the court. Remember to bring a copy
of all your papers with you to the hearing. Be prepared to tell the
judge why you want the name change. Allow yourself 15 minutes extra
time to find parking and find the courtroom where the hearing will
be.
If the judge has granted your name change, you complete and post the
notice of change of name. Then, 14 days later, with proof by you that
the proper notice was posted, the court clerk will issue a certificate
of change of name.
Legal editor: Melya Stylos, May 2008.
