There are many reasons why you might want to change your name. You may be transitioning to a new way of life, or correcting past mistakes. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know when and how to file a petition for name change so you can claim the identity that is right for you.
Can You Get a Name Change in Michigan?
Michigan law allows you to change your name as long as you have a sufficient reason, and aren't doing it for a fraudulent purpose (such as avoiding creditors). Anyone who has been a resident in a Michigan county for at least one year can file a petition with the Michigan family court for that county requesting a legal name change. When a married person files a petition for name change, they can request a change for themselves, their spouse, and any dependent children (more on that later).
Many petitions for name change are filed by members of the LGBTQ+ community seeking to claim a legal identity that matches their gender identity or expression. There is no requirement for any medical procedures or doctors' authorization before a transgender or non-binary person requests a name change in Michigan. Michigan court rules also require the judge and attorneys involved in any court proceeding, including a name change petition, to use the preferred name and pronouns of the parties appearing before them. So transgender petitioners should not worry about being misgendered as they seek to claim their new legal identity.
Name Change After Marriage
When two people get legally married (by filing a marriage certificate with the state), one or both of them can change their legal names at the same time without any additional steps. The Michigan Department of State, federal Social Security Administration, and the U.S. Department of State will all accept a marriage certificate as evidence of a name change. While you will likely need to provide copies of your marriage certificate at the Secretary of State's office and the Social Security Administration, you will not need to file a petition with the court.
Name Change as Part of Divorce
Similarly, when a marriage ends in divorce, the Michigan family court can include an order for name change as part of the Judgment of Divorce. While there is no need for a separate petition for name change, you should make certain that your divorce attorney includes a request to change your legal name in either the Complaint or Answer to Complaint for Divorce, and that the correct spelling of your new name is included in the Judgment of Divorce.
Changing a Child's Name
Parents can also petition to change a child's name. However, if the child has two legal parents, both parents must sign the petition. You only need one parent's signature if:
- The other parent is deceased
- The signing parent has sole legal custody
- The non-custodial parent has failed to support and contact the child for two years (just like in a stepparent adoption)
- The non-custodial parent has been convicted of child abuse or criminal sexual conduct toward the child or a sibling
The non-custodial parent in these cases must be given notice of the change and an opportunity to object. A guardian can also petition for a name change if both the child's parents are deceased. In addition to the formal name change process, the Michigan family court can order that a child's name be changed and a new birth certificate issued after entering an Order of Parentage (sometimes called a paternity suit) or an order revoking a person's parentage.
The other big difference in changing a child's name is that, if the child is at least 14 years of age, the child will need to sign a consent to change his or her name. Younger children must be asked about the name change by the Court, which must consider their wishes. This is one of the few times children will be asked to testify in Michigan family court.
Steps to Change Your Name in Michigan
Filing the petition and paying the application fee is the first step in obtaining a name change. If you are changing the name of a minor without the non-custodial parent's permission, you will need to have that parent served with a copy of the petition. You must also publish your intent to change your name in a legal publication, unless the requirement is waived for good cause or safety reasons.
Adults (over age 22) must be fingerprinted at a police station and their criminal history will be provided to the court. Having a criminal record does not prevent you from changing your name, but it will make the Court question you more closely about any fraudulent intent. The court can review your petition without a hearing and issue an order, but the court may order a hearing if you have a criminal record, or if someone with the same or similar name objects, claiming you are doing it for fraudulent reasons.
Once you have an Order for Name Change, you can use that order just like a marriage certificate or judgment of divorce to have a new ID issued. You can also file a request for a corrected birth certificate with the Michigan Secretary of State.
Get Help with a Name Change from a Michigan Family Lawyer
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 your legal identity match who you are. Call us at 248-651-4114 or contact us here to speak to an attorney.