Petition for Name Change

Name Change Resulting from Divorce

When obtaining a Dissolution of Marriage, the spouse who changed their maiden name to that of their spouse’s surname has the option of requesting a name change within the divorce action, thereby making it part of the same case. Doing so will allow the name change to be addressed simultaneously along with the divorce proceeding rather than having to file a separate action down the road, solely for purposes of addressing the change of name.

Name Change Unrelated to Divorce Action

A Florida Court has jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored (such as in a divorce action as referenced above).

A petition for name change shall be verified and show specific, detailed information that is required by statute such as:

– That the petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.

– If known, the date and place of birth of the petitioner, the petitioner’s father’s name, the petitioner’s mother’s maiden name, and where the petitioner has resided since birth.

– If the petitioner is married, the name of the petitioner’s spouse and if the petitioner has children, the names and ages of each and where they reside.

– If the petitioner’s name has previously been changed and when and where and by what court.

– The petitioner’s occupation and where the petitioner is employed and has been employed for 5 years next preceding the filing of the petition. If the petitioner owns and operates a business, the name and place of it shall be stated and the petitioner’s connection therewith and how long the petitioner has been identified with that business. If the petitioner is in a profession, the profession shall be stated, where the petitioner has practiced the profession, and if a graduate of a school or schools, the name or names thereof, date of graduation, and degrees received.

– Whether the petitioner has been generally known or called by any other names and if so, by what names and where.

– Whether the petitioner has ever been adjudicated a bankrupt and if so, where and when.

– Whether the petitioner has ever been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication, and if so, when and where.

– Whether the petitioner has ever been required to register as a sexual predator.

– Whether any money judgment has ever been entered against the petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied.

– That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

– That the petitioner’s civil rights have never been suspended or, if the petitioner’s civil rights have been suspended, that full restoration of civil rights has occurred.

Petition for Name Change

The process of changing your name can be cumbersome with the amount of paperwork required. Whether you need to legally change your name resulting from a divorce or unrelated to a divorce, our lawyers can handle the paperwork for you, relieving you of the stress associated with changing your name.

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