The Legal Process for Changing Your Name in Georgia: A Simplified Guide

Legal Pre-Requisites

In Georgia, specific legal requirements must be met to legally change your name. For starters, you must be an adult. An adult is someone who has reached the age of 18. If you’re over 18 years old, you can legally change your name. If you are under 18, you need permission from a parent or legal guardian to change your name. Additionally, if you are under 18 years old, your interested parent or guardian must file a Petition for Name Change on your behalf. You are also required to fulfill a residency requirement in Georgia. To change your name in Georgia, you must have lived in the state for at least six months before filing the petition . This residency requirement applies to minors, too. Once you’ve established residency, you must file a Petition for Name Change in the county you reside in. For example, if you live in Fulton County, you should file the petition in Fulton County. If you live in Cobb County, you should file your petition in Cobb County. You can obtain a Petition for a Name Change Online through the Georgia Courts Electronic Filing (eFlex) system. You may also go directly to the clerk’s office where you live and request an application in-person.

Petition Methodology

Prior to filing your action for name change, you will need to complete the petition for name change as well as some other requisite forms. You will also need to have your fingerprints taken so that a criminal history background check can be performed by the Georgia or Federal Bureau of Investigation. You can have this completed either by the police department in your local area or the Georgia Bureau of Investigation in Atlanta. As part of completing the petition forms, you will also need to obtain verification/proof of your current address (usually house note, rental agreement, utility bill, bank statement, etc.) and provide copies of these documents along with your petition.
It is also strongly recommended that you obtain a criminal history report from either the Georgia or Federal Bureau of Investigation prior to filing your petition. This is not always required, but it is better safe than sorry.
Once the petition forms are completed, an application for name change, and the requisite forms are completed, the documents must be filed with the Clerk of Court. The petition for name change must be filed in the county of the petitioner’s residence if the petitioner has lived there at least 6 months immediately prior to the filing of the petition. If you have been a resident of the State of Georgia for at least six months but have resided in a different county for less than six months, the petition should be filed in the county of your residency for the time period just before it was changed. If you have never lived in Georgia and either you or your parent/legal guardian has lived in Georgia for at least six months, the petition must be filed in the county in which any of those residences where located. In any event, the petition must be filed in the General Division of the Superior Court. There may also be additional fees due at the time of filing. After filing, the petitioner will receive a case number.
Once the petition and forms have been filed with the Clerk of Court, they will be forwarded to the appropriate judge for review. If approved by the judge, the petitioner will then be notified of the next steps including order authorizing publication. The steps following approval and issuance of the order authorizing publication are detailed below.

Necessary Fees

The fees to file name change petition depend on where you live. You will need to file the petition in the county where you live, and each county has its own fees. Also, the petition will be filed with the court clerk’s office (ex. the probate court, if you are changing a name due to a divorce or to change a minor child’s name) local to the county in which you reside.
In general, the fees can range from $50 – $150. The petition filing fees do not include the cost of publication. An individual who is going through the process on his or her own may be able to handle the costs, but those who are hiring an attorney to help with the process will need to budget additional money to cover his or her legal fees.
Some people also spend additional funds on the legal publication of their name change. Those who seek to publish their name change in the newspaper should expect to spend between $40 and $100 for the publication fees. While it is not legally necessary to list a name change in the local newspaper as a requirement set forth by the state, many local courts still require this as part of the petition filing process.

Hearing Procedures

The court hearing process, unless you are an attorney that does this all the time, can be very intimidating. The other person in there is a judge, and you’re in their house, so you certainly want to put your best foot forward. The good news is, though, that if you follow along here, you’ll know exactly what the judge is going to ask you at a name change hearing, and it really isn’t a big deal.
After the publication period concludes, as long as nobody filed a formal objection to the name change, you will schedule the name change hearing with the judge. For Muscogee and Harris County (the two largest counties in Georgia), those hearings are done every Friday. Once you have your court date assigned to you, the Court will send you a Notice of Hearing by mail which will tell you the date, time, and courtroom where you need to appear.
The first thing that happens at the hearing is a very short formality. The clerk will call out your name, give the judge a copy of the Petition, and then give you the floor. The judge will then say something like "Is it your desire to have your name changed to _____________?" You then answer in the affirmative. The judge will render a verbal Order and go on to the next case.
In other words, there really isn’t much to the hearing. Now that we’ve covered that, let’s look at a few tips for making sure you are ready to go at the hearing and what to expect.
You should come to Court wearing business or professional clothes. In other words, please don’t show up in cut-up jeans and a tee-shirt. It shows respect to the Court for you to dress appropriately and conveys seriousness about the matter for which you are there.
Don’t chew gum, smacking it is. It’s just not respectful, and you are in the judge’s home after all.
If you want the name change to be granted on the spot, make sure you prepare & submit the Affidavit of Publication and Certificate of Publication before the hearing. If they are sticking around for the hearing, you might be waiting on them to finish.
Don’t try to bring your friends and family to the hearing. No offense to your friends and family, and actually, we love some of your friends and family. However, they aren’t going to be able to help you at the hearing.
The bottom line is that a name change hearing is very, very brief. You, as the Petitioner, are on and off in a matter of minutes, and usually the judge has 50+ cases to get through in a day. So, you can’t really spend a lot of time gabbing and chatting. In other words, leave the entourage at home.

Name Changes Published

Part of the legal process in Georgia is the requirement to publish your name change in a newspaper. This is required pursuant to OCGA § 9-16-151 and the time period for publication is a total of four weeks with the notice of publication being in consecutive weeks.
After your application is granted, the next step is the publication of your notice. You will need to contact a qualified newspaper. What this means under Georgia law is any newspaper published in the county or an adjoining county and with general circulation. These newspapers are usually published at least once a week for a total of 3 weeks. What the legal notice will look like is up to you and you can have a simple , short notice or a more detailed one. Also, there is no requirement that the legal notice be larger than a certain size – you can have a large ad if you would like. This will be up to your discretion and your budget.
Some good places to run a legal notice in addition to your local newspaper, will be:
• GeorgiaLegalNotice.com
• Newspaper Archive
• Lansing State Journal
Once your notice is published, then the newspaper will send you an Affadavit of Publisher that will be filed with the court file.
All of this is simple and it’s also best to make sure that you do it the right way the first time.

Identification and Documentation Changes

Once a name change is legally granted with a decree from a Georgia state court, you are free to update your personal records and identification with your new name. For example, you may want to update your social security records, driver’s license and bank accounts. The first step is to contact the Social Security Administration to find out how to update your name in their records. You may need to fill out an application form, as well as take with you an original or certified copy of the name change order. Your social security number should remain unchanged. Next, you will want to go to the Georgia Department of Driver Services to update your driver’s license. It is best to do this within 30 days of your name change. Bring with you the name change order and your current Georgia driver’s license, if you have one. If you do not yet have a Georgia license, simply bring a current and valid photo I.D and the name change order. There is a nominal fee to update your license. You may also wish to change your name on other official records, such as bank accounts, insurance policies and credit cards. Contact the relevant agency, department or company directly to find out how to change your name through them. Some agencies, such as the U. S. Immigration and Naturalization Service (INS) and the United States Passport Office may require a name change order in order to change the name on a green card or United States passport. You may also need to complete other forms as well. It is important to keep in mind that changing your name does not in any way change or impact your immigration status. You are simply exercising your legal right to choose a new name.

Commit Common Errors

Changing your name is a significant step, but some people struggle to complete the name change process. Below are some common mistakes to avoid when you legally change your name in Georgia:
Delaying Your Petition
Sometimes, people think they have lots of time to change their names and they wait until the last minute to file their petition. File your name change petition with the Clerk of Court as soon as possible.
Telling the Judge Your Reasons
Will the judge ask why you’d like to change your name? Maybe, but the judge won’t get hung up on your motives. For example, you may have been abused by your ex and want to change your name. Some judges might hear this story and deny your request, while others might think it’s a valid reason.
Making a Mistake on the Petition
If you’re human, you make mistakes. Yet, when you’re requesting a name change in Georgia, a mistake may lead to denial or grounds for appeal. Check and recheck your petition to be sure it’s accurate.
Neglecting to Look for Errors
After you file your petition, the court staff will review it, paying special attention to important details, such as whether you filed the right paperwork and the correct number of copies. The court staff will also make sure you provided relevant information, such as the date you moved to the state and when you were born. If the court staff finds an error, they reject your petition and ask you to resubmit. However, if you don’t find and fix mistakes early, you’ll have to start over.
Missing a Hearing
For most cases, you must go before the judge to politely answer questions about your name change. You won’t get a lot of notice, so if you’re in a rush to legally change your name in Georgia, clear your schedule. Don’t schedule any appointments or travel during the three to four days surrounding when you plan to go to court.

Popular Queries

Do I need to state a reason for wanting to change my name?
No, it is not necessary to give a reason when filing for a legal name change in Georgia.
How much does a legal name change cost in Georgia?
Filing fees vary from county to county, typically the filing fee is between $200 and $300. The fee includes the cost of changing your name on your social security card, driver’s license, and other official state-issued IDs. Many counties allow any other name change fees to be paid at the same time as the initial filing fee as well. For example, you can pay the fee to change the name on your car title at the same time you pay the filing fee .
Where do I get a certified copy of the petition to present to the relevant government agencies?
After your court hearing, you will need a certified copy of the judge’s order approving your name change to take to the Social Security Administration (SSA), Department of Motor Vehicles (DMV), and other government agencies to have your name officially changed on your official documents.
Typically your court clerk calls you back the next day to let you know if you were approved for the name change. If the judge approves your petition, the clerk mails the certified copies to you. You should call the clerk’s office a few days after the hearing if you have not received your certified copies.
Can I change my baby’s name without their consent?
Most likely yes. If your baby is 10 years old or younger, notarized consent is generally only required from the custodial parent to obtain a new birth certificate. Generally, full consent is required from both parents if the child is older than 10 years old.