A legal name change in Oregon is a process that allows a person to change their name for any reason, as long as it is not fraudulent, misleading, or harmful to others.
If you want to change your name after marriage or divorce, you do not need to file a separate petition for a name change with the court. You can simply use your desired name on the marriage license application or request the name change from the judge handling the divorce proceedings.
The marriage certificate or the divorce decree will serve as proof of your name change, and you can use it to update your other documents. These documents include your driver’s license, passport, and social security card.
If you want to change your name for any other reason, or if you want to change your name in a way that is not allowed by the marriage license or divorce decree, you will need to file a petition for a name change with the circuit court of the county where you live.
You will also need to post a notice as directed by the court before and after the petition is heard. You may or may not need to go to court, depending on the situation. The court will issue a judgment of name change that you can use as proof of your new name.
If you want to change the name of a minor child, you will need to file a petition for a name change with the circuit court of the county where the child lives. You will also need to send a written notice to the other parent, both parents, or all legal guardians unless they consent or there are special circumstances. You may also need to request to be appointed as a guardian ad litem for the child. The court will issue a judgment of name change for the child that you can use to update their birth certificate and other records.
How Do I Get a Court Order for a Name Change?
In the state of Oregon, the process for changing your name involves filing a petition with the court, publishing a notice, and attending a court hearing. The steps may vary slightly depending on the reason for the name change, for instance, due to marriage, divorce, or changing a child’s surname. Here’s a basic overview of the steps.
Filing a Petition
To initiate the process, you need to complete a Petition for Change of Name form. This form requires basic information about you and your current and proposed names. If the name change is for a minor, the petition should be completed by the minor’s parent or guardian.
Submitting the Petition
Once the petition is completed, you must submit it to the county circuit court where you live, along with any necessary fees.
Publishing Notice
After you’ve submitted your petition, you’ll need to publish a notice in a local newspaper for a specified period of time, usually for a few weeks. This is to inform the public of your intent to change your name and to allow any interested parties to object if necessary.
Attending the Court Hearing
Finally, you’ll attend a court hearing where a judge will review your petition and any objections that may have been raised. If the judge approves your petition, they’ll issue a court order officially changing your name.
Marriage and Divorce
If you’re changing your name due to marriage or divorce, the process is usually simpler. For marriage, you can typically change your last name to your spouse’s last name (or a combination of both) when you apply for your marriage license. For divorce, you can request a return to your maiden name or a previous name as part of the divorce proceedings. In both cases, a separate court order for a name change is typically not required.
Changing a Child’s Surname
When it comes to changing a child’s surname, both parents usually need to agree to the change. If one parent objects, the court will consider the child’s best interests in deciding whether to approve the name change. Additional paperwork may be required to demonstrate the consent of both parents or to explain why one parent’s consent isn’t necessary.
How Long Does It Take to Change Your Name?
The length of time it takes to change your name in Oregon may vary depending on the reason and the process of the name change.
If you change your name after marriage or divorce, you can use your new name immediately after you receive your marriage certificate or divorce decree. However, you may need to wait for some time to update your other documents. These documents include your driver’s license, passport, and social security card, depending on the requirements and availability of each agency.
If you change your name for any other reason, or if you change your name in a way that is not allowed by the marriage license or divorce decree, you will need to file a petition for a name change with the circuit court of the county where you live. The duration of this process may vary depending on the county, the complexity of the case, and the availability of the court.
Generally, it may take from a few weeks to a few months to complete a name change. After you receive your judgment of name change, you can use it as proof of your new name and update your other documents accordingly.
If you change the name of a minor child, you will need to file a petition for a name change with the circuit court of the county where the child lives. The duration of this process may also vary depending on the county, the complexity of the case, and the availability of the court.
Generally, it may take from a few weeks to a few months to complete a name change. After you receive your judgment of name change for the child, you can use it as proof of their new name and update their birth certificate and other records accordingly.
Changing your name or sex with the court does not change your name or sex with other state or federal agencies; you must do this yourself. Changing official records (such as your driver’s license, passport, and social security card) may require you to provide a certified copy of the signed judgment.
Changing your name or sex may also affect other areas of the law, such as probate court. Probate court is the court that handles matters such as wills, estates, trusts, guardianships, conservatorships, and adoptions. If you have any legal documents or proceedings related to these matters, you may need to update them with your new name or sex. You may also need to notify any beneficiaries, heirs, creditors, or other parties involved in these matters about your name or sex change.
You may wish to consult with an attorney before filing any pleadings that may jeopardize your rights or interests in probate court.
How Much Does It Cost to Legally Change Your Name in Oregon?
The cost of changing your name in Oregon may vary depending on the type of document and the reason for the change. Some examples of fees are:
These fees are current as of July 2023, but they may change over time. You may want to check the official websites of the Oregon Judicial Department, the Oregon DMV, and the Oregon Health Authority for the most updated information.
What Do I Need to File With Oregon for a Name Change?
In Oregon, to file for a name change, you will need the following:
- Completed Petition for Change of Name form: This form should include details about your current name, the new name you’re requesting, and your reason for wanting to change your name.
- Filing Fee: You’ll need to pay a filing fee to the county court. The fee can vary by county, so check with your local courthouse for the exact amount.
- Publication of Notice: Oregon law requires you to publish a notice in a local newspaper of your intent to change your name. The notice must run for several weeks. The court can provide details on this requirement.
How Does Oregon Prevent Name Change Fraud?
Oregon has measures in place to prevent name change fraud. For one, the requirement to publish a notice of the intended name change in a local newspaper allows the public an opportunity to object if they believe the name change is fraudulent or deceptive.
In the Petition for Change of Name, applicants must declare under penalty of perjury that they’re not changing their name for fraudulent purposes. Lying on the form can result in criminal charges. Additionally, the court will deny a name change if it believes the change is being requested for a fraudulent purpose, such as evading debts or criminal charges.
Do I Need a Lawyer for a Name Change?
While you don’t legally need a lawyer to file for a name change in Oregon, having legal counsel can certainly be beneficial, especially if your case is complicated. A lawyer can guide you through the process, help you prepare your paperwork correctly, and provide advice on how to handle any issues that may arise.
LegalMatch is an excellent resource for finding an experienced Oregon family lawyer who can assist you with your name change. We have a robust database of lawyers, and you can easily find one that suits your needs and budget. Remember, having professional legal advice can make the process smoother and less stressful. Visit LegalMatch to get started finding the right lawyer for your needs today.
