Delaware Name Change Guide 2026

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for advice specific to your situation.

Changing your name in Delaware is a straightforward legal process. This guide covers everything you need to know to change your name in Delaware courts.

Quick Facts: Name Change in Delaware

Who Can Change Their Name in Delaware?

You ARE eligible if:

• You are a Delaware resident
• You are at least 18 years old (minors need parent/guardian to petition)
• You are not changing your name to defraud creditors
• You are not changing your name to avoid criminal prosecution

Special Requirements for Minors

If changing a minor child's name:

• Both parents must typically consent
• If parents disagree, the court applies the best interest of the child standard
• Notice must be given to both parents
• The child's preference may be considered

Reasons You May Be Denied

You may NOT change your name if:

• You are changing it to avoid paying debts
• You are changing it to escape criminal liability
• You are changing it to infringe on someone else's identity
• The court finds the change would be against public interest

The Name Change Process: Step by Step

Step 1: Obtain a Background Check

1. Request a criminal background check from the Delaware State Police
2. Submit fingerprints at an approved location
3. Processing takes 3–5 business days

Step 2: Complete Your Petition

1. Obtain a Petition for Change of Name form from the Prothonotary's Office
2. Include your current name, requested new name, and reason for change
3. Attach your background check results

Step 3: Get Your Petition Notarized

1. Take your unsigned petition to a notary public
2. Bring valid government-issued photo ID
3. Sign the petition in front of the notary

Where to find a notary:

• Banks and credit unions (often free for customers)
• UPS Store or FedEx Office ($5–$15)
• Prothonotary's Office

Step 4: File with the Prothonotary

1. Go to the Prothonotary's Office in your county
2. Pay the filing fee ($75–$150)
3. The clerk will stamp your documents and assign a case number

Step 5: Publish Notice

1. Publish notice of your name change in a newspaper of general circulation
2. Publication typically runs once a week for 3 consecutive weeks
3. File the Affidavit of Publication with the court

Step 6: Attend Your Hearing (If Required)

1. Dress appropriately (business casual)
2. Arrive 15–30 minutes early
3. Bring government-issued photo ID
4. Bring Affidavit of Publication
5. The judge will ask why you want to change your name

Step 7: Get Certified Copies of the Order

1. After the judge signs your Order, get at least 3 certified copies
2. You will need these to update official records

Prothonotary Locations in Delaware

New Castle County

• Address: Leonard L. Williams Justice Center, 500 N. King Street, Wilmington, DE 19801
• Phone: (302) 255-0800
• Filing Fee: Approximately $150

Kent County

• Address: Kent County Courthouse, 38 The Green, Dover, DE 19901
• Phone: (302) 739-3184
• Filing Fee: Approximately $100

Sussex County

• Address: Sussex County Courthouse, 1 The Circle, Georgetown, DE 19947
• Phone: (302) 855-7830
• Filing Fee: Approximately $100

After the Order: Updating Your Records

Step 1: Social Security Administration

1. Complete Form SS-5
2. Bring certified court order and ID
3. Visit your local Social Security office

Step 2: Delaware DMV (Driver's License)

1. Bring court order and new Social Security card
2. Visit DMV office
3. Fee: $20

Step 3: Other Records to Update

• Bank accounts
• Employer/payroll
• Insurance policies
• Passport
• Voter registration
• School records

Legal Aid Resources in Delaware

Next Steps

1. Get background check — Delaware State Police
2. Complete petition — Available from Prothonotary
3. File with clerk — Pay filing fee
4. Publish notice — Required in Delaware
5. Attend hearing — If required
6. Update records — Social Security, DMV, banks

Get Delaware Name Change Documents

jurisdiction-correct Delaware name change documents from Jurist-Diction include petition templates and instructions — starting at $37.

Templates are for informational purposes only and do not constitute legal advice. For legal advice, contact a licensed Delaware attorney or Community Legal Aid Society at (302) 575-0660.