Florida Name Change Requirements
General Summary of Name Change Laws
The Courts are often willing to accept name changes for almost any legitimate reason. However, the granting of an application for change of name is discretionary with the Court. For an order/decree/judgment of name change to be granted, the Court must find compliance with the requirements of notice and the requirements for the allegations in the application. The Court must also find good and sufficient reason for the change, find the change consistent with the public interest and if the change of name is for a minor child, find that the change is in the best interests of the minor child.
You cannot change your name for a fraudulent purpose, such as to avoid debts, you cannot change to a name that could affect the rights of another person, such as a celebrity, you cannot use a curse word, racial slur, obscene and/or an offensive word as part of your name and you cannot change to a name that would cause deliberate confusion (for example, a name with punctuation and/or a number in it).
IMPORTANT NOTE: For name change actions which involve a minor, courts typically seek written consent from every adult who retains legal rights over the minor. As such, the applicant must directly notify each of these parties (Service of Process).
Again, please remember, our name change materials are designed to cover simple, uncontested name changes ONLY. Our products/services should not be used if you have been convicted of a felony, have claimed bankruptcy and/or have judgments/liens against you. Instead, you should consider contacting an attorney in your area. These circumstances could cause complications, which may result in your action being denied and/or contested.
Overview of Process in Florida for an Adult
In the state of Florida, the process for obtaining a name change for an adult begins with the filing of a Petition with the Circuit Court in the jurisdiction in which the Petitioner resides. The Petitioner must file an official set of his/her fingerprints when (s)he files his/her Petition, except where a former name is being restored.
A hearing on the name change Petition may be held immediately after it is filed. If the court finds that the requirements of the law have been satisfied and there is no reason to deny your Petition, the Final Judgment ('Order') will be issued by the court. Thereafter, you are free to assume your new name.
Requirements to File for a Change of Name for an Adult in Florida
Florida law requires certain things before you can file for a name change (for an adult) and/or during the name change process in Florida. These requirements include:
- You must currently reside in Florida.
- You must currently live in the County where the name change action will be filed.
- You must be an adult, 18 years of age or older.
- You must not have an ulterior or illegal purpose for filing the Petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.
- You must not have had your civil rights suspended, or, if your civil rights have been suspended, they have been fully restored.
Overview of Process in Florida for a Minor
In the state of Florida, the process for obtaining a name change for a minor begins with the filing of a Petition with the Superior Court in the jurisdiction in which the minor resides. The Petition is filed by a parent, legal guardian, or guardian ad litem, acting on behalf of the minor. If only one parent files for the change of name, and the non-petitioning parent will not sign a Consent for Change of Name (Minor Child(ren)) form, process must be served on the other parent and, if they are a non-resident, the court may authorize constructive notice by publication.
The hearing on the name change may be held immediately after it is filed. If the court finds that the requirements of the law have been satisfied and no reason exists for not granting the Petition, the Order will be issued by the court. Thereafter, the minor is free to assume their new name.
Requirements to File for a Change of Name for a Minor in Florida
Florida law requires certain things before you can file for a name change (for a minor) and/or during the name change process in Florida. These requirements include:
- The minor currently resides in Florida.
- The minor currently lives in the County where the name change action will be filed.
- The child must be a minor, 17 years of age or younger.
- You and the minor must not have an ulterior or illegal purpose for filing the Petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.
- You and the minor must not have had your civil rights suspended, or, if your civil rights have been suspended, they have been fully restored.
- Written consent to the name change must be provided by all adults who retain legal rights over the minor.