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Delaware Name Change Packet — LSC-Grade Legal Guide

Free legal self-help guide for Delaware residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.

Delaware Name Change Packet — LSC-Grade Legal Guide

Jurisdiction-correct document templates. Not legal advice.


1. Eligibility Checker — Who Can Change Their Name in Delaware

You ARE eligible if:

Special Requirements for Minors

Restrictions

File at: Delaware court finder: https://courts.delaware.gov/courts/


2. Required Forms

Form NamePurposeWhere to Obtain
Petition for Change of NameRequests the court to change your nameSuperior Court Prothonotary's office or create your own
Verification/AffidavitSworn statement that petition is trueInclude with petition
Order for PublicationDirects newspaper to publish noticeCourt will provide
Affidavit of PublicationProof newspaper published noticeNewspaper will provide
Final Order Granting Name ChangeCourt order the judge signsSubmit proposed form

Petition Content Requirements (10 Del. C. § 5902)

Your petition must include:

  1. Your current full legal name
  2. The name you want to change to
  3. Your reason for wanting the change
  4. Statement that you are a Delaware resident
  5. Statement of how long you've lived in Delaware
  6. Verification by affidavit (notarized signature)


3. Step-by-Step Filing Instructions

Step 1: Complete Your Petition

  1. Draft your petition including all required elements (see sample below)
  2. Include your current name, requested new name, and reasons
  3. State clearly that you are a Delaware resident
  4. Include how long you've lived in the state

Step 2: 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
  4. The notary will notarize your signature

Step 3: Make Copies

Step 4: File with the Prothonotary

  1. Go to the Superior Court Prothonotary's office in your county
  2. Bring your original petition and copies

Step 5: Publish Notice (10 Del. C. § 5903)

Step 6: Attend Your Hearing

Step 7: Get Certified Copies of the Order


5. Filing Checklist

  • [ ] Completed Petition for Change of Name
  • [ ] Petition notarized (signed in front of notary)
  • [ ] Valid government-issued photo ID
  • [ ] Proof of Delaware residency (utility bill, lease, or ID with address)
  • [ ] Filing fee ($100–$150 cash, money order, or check — call ahead)
  • [ ] Completed fee waiver application (if you cannot afford the fee)
  • [ ] 4 copies of all documents
  • [ ] Arranged newspaper publication (3 consecutive weeks)
  • [ ] Filed Affidavit of Publication with court
  • [ ] Prepared for hearing

  • Community Legal Aid Society (CLASI): declasi.com · (302) 575-0400
  • Delaware Volunteer Legal Services: dvls.org · (302) 478-8850
  • Legal Services Corp of DE: lscd.org · (302) 654-5410
  • DE Courts Self-Help: courts.delaware.gov/selfhelp

10. Sample Petition Language

`

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY NAME] COUNTY

IN RE: CHANGE OF NAME OF

[YOUR CURRENT FULL LEGAL NAME]

)

) Case No.: _______________

)

) PETITION FOR CHANGE OF NAME

Petitioner, [Your Current Full Legal Name], respectfully requests that this

Court grant a change of name, and in support thereof states as follows:

  1. Petitioner is a resident of [County Name] County, Delaware, and has

been a resident of Delaware for [number] months/years.

  1. Petitioner's current full legal name is [Your Current Full Legal Name].
  1. Petitioner was born on [Date of Birth].
  1. Petitioner desires to change their name to [Your New Full Legal Name].
  1. The reason for this requested name change is: [Brief explanation — e.g.,

"to reflect my gender identity," "to match the name I have used for many

years," "personal reasons," etc.]

  1. Petitioner is not seeking this name change to defraud creditors, avoid

criminal prosecution, or for any fraudulent purpose.

WHEREFORE, Petitioner respectfully requests that this Court enter an Order

changing Petitioner's name from [Current Name] to [New Name].

_______________________________

[Your Current Full Legal Name]

Petitioner

VERIFICATION

STATE OF DELAWARE )

) ss.

COUNTY OF ________ )

I, [Your Current Full Legal Name], being duly sworn, depose and say that

the facts set forth in the foregoing Petition are true and correct to the

best of my knowledge, information, and belief.

_______________________________

[Your Current Full Legal Name]

Petitioner

Sworn to and subscribed before me this _____ day of _______________, 20___.

_______________________________

Notary Public

My Commission Expires: __________

`



*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.

Verify current law before filing. For legal advice contact a licensed Delaware attorney or legal aid. jurist-diction.com*

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