Delaware Name Change Packet — LSC-Grade Legal Guide

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed Delaware attorney or your local legal aid organization.

Quick Facts: Name Change in Delaware

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

You ARE eligible if:

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

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
• The child's preference may be considered if they are mature enough
• Notice must be given to both parents

Restrictions

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 detrimental to public interest

2. Required Forms

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

Where to find a notary:

• Banks and credit unions (often free for customers)
• UPS Store or FedEx Office ($5–$15)
• Courthouse (some have notaries available)

Step 3: Make Copies

Make 4 copies of your completed, notarized petition:

• Original for the court
• Copy for your records
• Copy for the judge
• Extra copy for newspaper publication

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
3. Pay the filing fee ($100–$150 depending on county)
4. The clerk will stamp your documents and assign a case number
5. Ask about the hearing date process

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

You must publish notice of your name change:

1. The notice must appear in a newspaper of general circulation in your county
2. Publication typically runs once a week for 3 consecutive weeks
3. The newspaper will provide an Affidavit of Publication
4. File this affidavit with the court before your hearing

Step 6: Attend Your Hearing

1. Dress appropriately (business casual)
2. Arrive 15–30 minutes early
3. Bring your copy of the filed petition
4. Bring government-issued photo ID
5. Bring the Affidavit of Publication
6. The judge will ask why you want to change your name
7. Answer truthfully and briefly

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 your:

• Social Security card
• Driver's license
• Birth certificate
• Bank accounts
• Other official records

4. Court Information by County

New Castle County (Wilmington)

• Court: Superior Court, Prothonotary
• Address: Leonard L. Williams Justice Center, 500 N. King Street, Suite 200, Wilmington, DE 19801
• Phone: (302) 255-0800
• Hours: Monday–Friday, 8:30 AM – 4:30 PM
• Filing Fee: Approximately $150
• Fee Waiver: Available (Application to Proceed In Forma Pauperis)

Kent County (Dover)

• Court: Superior Court, Prothonotary
• Address: Kent County Courthouse, 414 Federal Street, Dover, DE 19901
• Phone: (302) 739-3184
• Hours: Monday–Friday, 8:30 AM – 4:30 PM
• Filing Fee: Approximately $100
• Fee Waiver: Available

Sussex County (Georgetown)

• Court: Superior Court, Prothonotary
• Address: Sussex County Courthouse, 1 The Circle, Georgetown, DE 19947
• Phone: (302) 855-7830
• Hours: Monday–Friday, 8:30 AM – 4:30 PM
• Filing Fee: Approximately $100
• Fee Waiver: Available

Note: Fees and procedures may change. Call your local Prothonotary's office before visiting.

5. Filing Checklist

Before going to the courthouse, confirm you have:

• [ ] 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

After filing, before hearing:

• [ ] Arranged newspaper publication (3 consecutive weeks)
• [ ] Filed Affidavit of Publication with court
• [ ] Prepared for hearing

6. What to Bring to the Hearing

• [ ] Government-issued photo ID
• [ ] Copy of your filed petition (stamped by clerk)
• [ ] Affidavit of Publication from newspaper
• [ ] Proof of residency in Delaware
• [ ] Proposed Final Order Granting Name Change
• [ ] List of reasons for name change (if you want to be prepared)
• [ ] Pen and notepad

7. What Happens After Filing

Timeline

After the Judge Signs Your Order

Update your Social Security record first:

1. Complete Form SS-5 (available at ssa.gov)
2. Bring certified court order, current ID, and completed form
3. Visit your local Social Security office
4. Receive new Social Security card in 7–14 days

Then update your Delaware Driver's License:

1. Bring certified court order and new Social Security card
2. Visit a DE DMV office
3. Pay the duplicate license fee ($20)
4. Receive new license same day

Update other records:

• Birth certificate (DE Office of Vital Statistics)
• Bank accounts
• Employer/payroll
• Insurance policies
• School records
• Medical records
• Passport (if applicable)

8. Local Legal Aid Resources

LSC-Funded Legal Aid Organizations in Delaware

Additional Resources

Income Guidelines: Most legal aid organizations serve individuals with income at or below 200% of the federal poverty level. Call to check eligibility.

9. Controlling Statute Citations

• 10 Del. C. § 5901 — Short title (Change of Name Act)
• 10 Del. C. § 5902 — Petition for change of name; contents
• 10 Del. C. § 5903 — Notice; publication
• 10 Del. C. § 5904 — Hearing; decree; effect
• 10 Del. C. § 5905 — Change of name of minor children
• 10 Del. C. § 5906 — Change of name upon marriage or divorce

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: __________

`

Disclaimer

This packet is for informational purposes only and does not constitute legal advice. The information provided may not reflect the most current legal developments. No attorney-client relationship is formed by using this information.

For legal advice specific to your situation, contact:

• A licensed Delaware attorney
• Your local legal aid organization (see Section 8 above)
• Delaware Bar Lawyer Referral at (302) 478-8850

Last updated: March 2026 | Jurist-Diction | "The law, precisely spoken."

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