Far too many people file Michigan name change petitions by themselves, struggling to get the order approved. Here is what you should know about why you should work with an attorney to streamline the process.

Who Can File a Michigan Name Change Petition?

Anyone who has been a legal resident of a Michigan county for at least one year can file a petition in that county. When you file a Michigan Name Change petition, you can include yourself, your spouse, and any dependent children.

What Do You Have to Prove to Change Your Name in Michigan?

The only thing that you need to prove to change your name in Michigan is that you are not doing it for an illegal or fraudulent purpose (like avoiding creditors). There is no requirement for any medical procedures or documentation for transgender name changes, like in some other states.

If you are changing your child's name, you must also demonstrate that (except in certain circumstances), the other parent is not asserting a legal objection to the name change because:

• Both parents consent to the change
• The child's other parent is deceased
• You have sole legal custody of the child
• The other parent has legally abandoned the child for two years
• The non-custodial parent has been convicted of child abuse or criminal sexual conduct toward the child or a sibling

Steps in the Michigan Name Change Process

There are several steps in the Michigan name change process:

Step 1: Prepare and File the Petition

Your Michigan family law attorney will help you prepare a petition that discloses a legitimate reason for the name change. It will need to be filed in the correct Michigan county's circuit court. You will also need to pay an initial filing fee. If you want to change your birth record, there is a separate file form that should be completed at the same time.

Step 2: Obtain a Background Check

Each person over the age of 21 named in the petition will need to be fingerprinted and have a background check done by local law enforcement. The state police will send their report directly to the Court and destroy the fingerprints if you have no pending charges or criminal record.

Step 3: Schedule a Hearing

Once the court receives the results of the background check your attorney will schedule the matter for a hearing.

Step 4: Publish the Notice of Hearing

Michigan law requires that notice of all name changes must be published in an acceptable local paper at least 15 days prior to the hearing. Most newspapers will send proof of publication to the court. If you are changing the name of a child, you also need to send notice of the petition and the hearing date to the child's non-custodial parent, and file a proof of service with the Court.

Step 5: Attend the Hearing

On the day of the hearing, you should make sure you are at the courthouse, or logged in to the online hearing, on time (if not early). Have your current ID ready, along with proof of residency. Your attorney will also have prepared a proposed Order Following Hearing on Petition to Change Name. Make sure you double check the spelling and order of the names on that order. If your petition is granted, whatever that order says will be your legal name going forward. If you are requesting a name change for a child age 14 or older, he or she will need to come with you to court and sign a consent to changing his or her name in front of the judge.

Step 6: File the Order and Get Certified Copies

At the end of the hearing, the judge will sign the Order Following Hearing on Petition to Change Name. Get several certified copies of the order from the clerk for your own records, and to send to the Secretary of State, your bank, creditors, and other account holders.

Step 7: Change Your Social Security Card and ID

The first stop in sending out name change orders should be the Social Security Office. Once you file for a new social security card (you don't need to have the card in hand), you can get a new Driver's License and voter registration from the Secretary of State, and file a request to change your birth certificate (if appropriate).

Step 8: Update Your Name

After your Michigan name change petition has been granted, be sure to notify:

• All employers (and complete new tax withholding forms)
• All schools
• State, federal, and county tax offices
• Landlords or mortgage companies
• Insurance companies
• Medical providers
• Banks
• Post office
• Utility companies
• Credit card companies
• Government assistance or Veterans' Affairs offices
• Library

Some, but not all, of these places will require a certified order. If you need more copies, you can go back to the clerk's office at any time.

How Long Does it Take to Change Your Name in Michigan?

The Michigan name-change process could take two to three months, depending on the Court's schedule. This includes:

• Time to prepare and file the petition
• Obtaining a background check from local police
• Receiving a court hearing date
• Publishing the notice of name change in an approved local newspaper
• Submitting the Order to the Secretary of State
• Receiving your new ID in the mail

Why Working with a Michigan Family Law Attorney Helps in Name Change Petitions

It is possible to file a Michigan name change petition on your own. However, for many people, this can result in delays, frustration, and even having their petitions dismissed. Working with a Michigan family law attorney can help you avoid common mistakes like:

• Filing the petition in the wrong county
• Neglecting to get consent from a non-custodial parent for children's name changes
• Incorrectly handling the criminal background check and fingerprinting requirements
• Failing to publish notice of the name change petition correctly
• Forgetting to submit the Order Following Hearing on Petition to Change Name with the Secretary of State or vital records office.

Each of these mistakes can add time, energy, and frustration to the process. By working with a Michigan family lawyer, you can be sure everything is done correctly, so you can live your life more authentically.

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you prepare and file your petition for name change, to make sure everything is done correctly, and completely. Call us at 248-651-4114 or contact us here to speak to an attorney.