DELAWARE NAME CHANGE — LSC COMPANION GUIDE
Legal Services Corporation Partner Document
For use with: de-name-change-petition-court-doc.md
What This Document Does
This guide helps you legally change your name in Delaware. Once approved by the court, you'll receive an official Order Changing Name that allows you to update your Social Security card, driver's license, bank accounts, and other important records.
When to Use This Guide
Use this guide if you:
- Want to change your legal name as an adult (18 or older)
- Want to change your child's name (you must be the parent or legal guardian)
- Live in Delaware and have lived here for at least a few months
- Are NOT currently in prison or on parole/probation with Delaware Department of Correction (special rules apply—see below)
Before You Start
You CAN use this guide if:
✓ You are a Delaware resident
✓ You want to change your name for personal, religious, marriage, divorce, or gender identity reasons
✓ You are not trying to hide from debts or criminal charges
You may need a LAWYER if:
✗ You have a recent felony conviction (within 5 years)
✗ You are on probation or parole
✗ You are required to register as a sex offender
✗ The other parent of your child objects to the name change
✗ You have complex legal issues (bankruptcy, pending criminal case, etc.)
What You'll Need
Gather these items before filling out the petition:
| Item | Notes |
|---|---|
| Photo ID | Driver's license, state ID, or passport |
| Proof of Delaware residency | Utility bill, lease, or bank statement with your address |
| Birth certificate | Helpful but not always required |
| Filing fee | $75–$150 (cash, money order, or credit card—call ahead) |
| For minors: Other parent's consent or proof you tried to notify them | See Section 5 of the petition |
| For minors 14+: Minor must be present to sign | Required by law |
Step-by-Step Instructions
Step 1: Fill Out the Petition
- Download and print the court document (
de-name-change-petition-court-doc.md) - Fill in all the blanks. Type or print clearly in black ink.
- Don't sign yet! You must sign in front of a notary.
Tips for filling out the form:
- Current Name: Use your exact legal name as it appears on your ID
- New Name: Write exactly what you want your new name to be
- Reason for Change: Be honest and brief. Examples: "personal preference," "religious reasons," "to match my gender identity," "returning to maiden name after divorce"
Step 2: Get Your Petition Notarized
- Do NOT sign the Verification section until you are in front of a notary
- Bring a valid photo ID
- Find a notary at:
- Your bank (often free for customers)
- UPS Store or FedEx Office (small fee, usually $5–$15)
- Public library (some offer free notary services)
- The courthouse (may have notaries available)
Step 3: Make Copies
Make 2–3 copies of your completed, notarized petition:
- 1 for the court (original)
- 1 for the court's file
- 1–2 for your personal records
Step 4: File at the Courthouse
Where to go:
| If You Live In | Go To | Address |
|---|---|---|
| Wilmington, Newark, New Castle area | Court of Common Pleas, New Castle County | 500 N. King St., Suite 2200, Wilmington, DE 19801 |
| Dover, Smyrna, Kent County | Court of Common Pleas, Kent County | 414 Federal St., Dover, DE 19901 |
| Georgetown, Seaford, Sussex County | Court of Common Pleas, Sussex County | 1 The Circle, Georgetown, DE 19947 |
At the courthouse:
- Go to the Clerk of the Court office
- Tell them you want to file a Petition for Change of Name
- Give them your original petition and copies
- Pay the filing fee ($75–$150)
- The clerk will stamp your copies—keep one for your records
- Ask if there will be a hearing and when
Step 5: Attend the Hearing (If Required)
Most name changes don't require a hearing, but the court may schedule one.
If there IS a hearing:
- Dress neatly — Business casual is fine
- Arrive 15 minutes early — Find your courtroom
- Bring your copies and photo ID
- What to say when called:
- Stand when the judge calls your name
- Say: "Your Honor, I am [your name] and I am asking the Court to grant my petition for change of name."
- The judge may ask why you want to change your name—answer honestly and briefly
- If the judge approves, say: "Thank you, Your Honor."
The hearing is usually very short (5–10 minutes).
Step 6: Get Your Certified Order
Once approved, you'll receive a Certified Order Changing Name. This is the document you'll use to update all your records.
- If there was a hearing: You may receive the Order that day, or it may be mailed to you
- If no hearing: The Order will be mailed to you (usually within 2–4 weeks)
Get extra certified copies! Order 3–5 certified copies from the clerk ($5–$10 each). You'll need them for updating different agencies.
Step 7: Update Your Records
Use your Certified Order to update:
| What to Update | Where to Go | What to Bring |
|---|---|---|
| Social Security card | Local Social Security office or ssa.gov | Certified Order, birth certificate or passport, photo ID |
| Driver's license / State ID | Delaware DMV | Certified Order, current license, Social Security card with new name |
| Bank accounts | Your bank branch | Certified Order, new ID |
| Credit cards | Call customer service or visit branch | Certified Order |
| Passport | travel.state.gov | Certified Order, current passport, new photo |
| Employer / Payroll | HR department | Certified Order, new Social Security card |
| Utilities, leases, insurance | Contact each company | Certified Order |
Special Situations
Changing a Child's Name
- You must be the parent or legal guardian
- If the child is 14 or older, the child must also sign the petition
- The other parent must be notified and has the right to object
- If the other parent won't consent, you may need to serve them with legal papers
If You're Divorcing
You can change your name back to your maiden name as part of the divorce. Tell your divorce lawyer or include it in your divorce filing—it's usually easier and cheaper than a separate name change case.
If You're Transgender
Delaware courts generally grant name changes for gender identity reasons. You do NOT need to have had surgery or changed your gender marker on your ID first. Simply list "gender identity" or "personal reasons" as your reason for the name change.
If You Have a Criminal Record
If you are under Department of Correction supervision (prison, probation, parole), you must show the court that your name change is motivated by:
- A sincerely held religious belief, OR
- Your gender identity
The court may still deny your petition. Consider talking to a lawyer.
What If Someone Objects?
If someone (like the other parent of your child) objects to your name change:
- The court will schedule a hearing
- Both sides can present their case
- The judge will decide based on what's in the best interest (for a child) or whether there's a valid reason to deny
For children: The law creates a "presumption in favor" if you're adding a parent's surname. The objecting parent must prove the change would cause the child more harm than benefit.
How Long Does This Take?
| Step | Time |
|---|---|
| Filing | 1 day (go to courthouse) |
| Hearing (if required) | 2–6 weeks after filing |
| Receiving Order | Same day (with hearing) or 2–4 weeks (no hearing) |
| Updating records | 2–4 weeks after receiving Order |
Total time: Usually 4–8 weeks
How Much Does This Cost?
| Expense | Cost |
|---|---|
| Filing fee | $75–$150 |
| Notary fee | $0–$15 |
| Certified copies (3–5) | $15–$50 |
| New driver's license | $25–$50 |
| New passport (if applicable) | $130+ |
| Total (estimate) | $200–$400 |
If you cannot afford the filing fee, ask the clerk about a fee waiver application.
Where to Get Help
Legal Aid (Free or Low-Cost)
| Organization | Phone | Serves |
|---|---|---|
| Community Legal Aid Society, Inc. (CLASI) | (302) 575-0400 | Statewide |
| Delaware Volunteer Legal Services | (302) 478-8850 | Statewide |
| Legal Services Corporation | lsc.gov/find-legal-aid | Referral |
Court Self-Help
| Court | Phone |
|---|---|
| Court of Common Pleas, New Castle | (302) 255-0900 |
| Court of Common Pleas, Kent | (302) 739-6680 |
| Court of Common Pleas, Sussex | (302) 855-7300 |
Bar Association Lawyer Referral
- Delaware State Bar Association: (302) 658-5279
- First consultation often $25–$50
Frequently Asked Questions
Q: Do I need a lawyer?
A: No. Most people complete name changes without a lawyer. But if your case is complicated (other parent objects, criminal history, etc.), a lawyer can help.
Q: Can I change my first name AND last name?
A: Yes. The petition allows you to change any part of your name or your entire name.
Q: What if I make a mistake on the form?
A: If you haven't filed yet, just print a new copy. If you've already filed, ask the clerk how to file an amended petition.
Q: Will my name change be public?
A: Yes. Court records are generally public. However, you can ask the judge to seal the record if you have safety concerns (domestic violence, etc.).
Q: Do I have to publish my name change in a newspaper?
A: Delaware does NOT require newspaper publication for name changes.
Q: Can I change my child's name without the other parent's permission?
A: You can file, but the other parent must be notified and has the right to object. The court will decide based on the child's best interest.
Disclaimer
Jurisdiction-correct document templates. Not legal advice. Jurist-Diction is not a law firm. We cannot represent you in court or tell you what to do in your specific situation.
Laws and court procedures change. Contact your local court or a licensed attorney for the most current information.
If you need legal advice, contact one of the legal aid organizations listed above or the Delaware State Bar Association's lawyer referral service.
Guide prepared by Jurist-Diction in partnership with Legal Services Corporation grantees.
"The law, precisely spoken."
Version: 1.0
Last Updated: March 2026