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New York Name Change Petition — Your Filing Guide

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

New York Name Change Petition — Your Filing Guide

What This Document Does

This petition asks the court to legally change your name. Once approved, you can update your ID, Social Security card, and other records to reflect your new name.

When to Use This

  • You want to legally change your name for personal, professional, or religious reasons
  • You're returning to your maiden name after divorce (but want to do it separately from the divorce)
  • You're affirming your gender identity
  • You were adopted and want to change your name
  • Any other legitimate reason

Before You File

Gather These Documents:

  • [ ] Certified copy of your birth certificate
  • [ ] Government-issued photo ID (driver's license, passport, state ID)
  • [ ] Proof of New York residency (utility bill, lease, voter registration)
  • [ ] If divorced and returning to maiden name: divorce decree (optional but helpful)
  • [ ] If you have a criminal history: records showing completion of sentence and rehabilitation
  • [ ] Approximately $210 filing fee OR fee waiver request

Know the Requirements:

  • You must be a New York resident for at least 1 year (usually)
  • The court will require publication in a newspaper (4 weeks)
  • If you have a criminal record, the court will review carefully
  • You cannot change your name to defraud creditors or evade law enforcement

Step-by-Step Filing

Step 1: Complete the Petition

Fill in every blank:

  1. Your current name — exactly as it appears on your ID
  2. Your new name — the exact name you want
  3. Your personal information — date of birth, address, Social Security number
  4. Your reason for the name change — be specific and honest
  5. Criminal history — disclose any convictions honestly
  6. Publication request — suggest a local newspaper

Step 2: Make Copies

Make 3 copies:

  • Original for the court
  • 1 copy for yourself
  • 1 copy for the court's file

Step 3: File with the Supreme Court

Where to file:

  • Supreme Court in the county where you live
  • NOT Family Court, NOT County Clerk

Bring:

  • Completed petition (original + copies)
  • ID
  • Proof of residency
  • Birth certificate
  • Filing fee ($210) or fee waiver request

Ask the clerk:

  • Which newspaper they recommend for publication
  • How long until your hearing date

Step 4: Publication

After filing, the court will designate a newspaper for publication:

  1. Contact the newspaper — give them your notice information
  2. Pay the publication fee — usually $50-200
  3. Publication runs for 4 weeks — once per week
  4. Get proof of publication — the newspaper will provide an affidavit

Step 5: File Proof of Publication

After the 4 weeks of publication:

  • File the newspaper's affidavit with the court
  • The court will review and schedule your hearing (or may grant without hearing)

Step 6: Attend Your Hearing (If Required)

What to bring:

  • Filed petition
  • Proof of publication
  • Government-issued ID
  • Certified copies of birth certificate

What to say:

  • "Your Honor, I am [YOUR NAME]. I filed a petition for name change on [DATE]."
  • "I have completed the publication requirement."
  • "I am requesting that my name be changed to [NEW NAME]."
  • Be prepared to explain your reason if the judge asks

Step 7: Get Certified Copies of the Order

If approved, get certified copies of the Order (usually $5-10 each). You'll need multiple copies for:

  • Social Security Administration
  • DMV
  • Banks
  • Employer
  • Schools
  • Insurance companies

After Your Name Change

Update Your Social Security Card

  1. Complete Form SS-5 (available at ssa.gov)
  2. Bring: certified court order, current ID, birth certificate
  3. Visit your local Social Security office
  4. New card is free and arrives in 1-2 weeks

Update Your Driver's License

  1. Visit the DMV within 30 days
  2. Bring: certified court order, current license, Social Security card with new name
  3. Pay the amendment fee (approximately $15-30)

Update Your Birth Certificate (If Born in NY)

  1. Contact NYS Department of Health, Vital Records
  2. Submit certified court order
  3. Fee: approximately $30-45

Update Other Records

  • Banks and financial institutions
  • Employer and payroll
  • Insurance companies
  • Schools and universities
  • Passport (if applicable)
  • Voter registration
  • Professional licenses

Special Situations

Waiving Publication

You may ask the court to waive publication if:

  • You have safety concerns (domestic violence, stalking)
  • Publication would endanger you
  • Other compelling privacy concerns

File a motion explaining why publication would be harmful. Attach supporting documentation (police reports, orders of protection).

If You Have a Criminal Record

The court will review your petition carefully. Be prepared to:

  • Disclose ALL criminal history honestly
  • Explain your rehabilitation
  • Show how you've changed since the conviction
  • Provide character references
  • Explain why the name change is legitimate

Warning: If you're changing your name to avoid creditors or law enforcement, your petition will be denied and you may face legal consequences.

Name Change for a Minor

Additional requirements:

  • Both parents must usually consent
  • If one parent objects, the court will hold a hearing
  • The court considers the "best interests of the child"
  • Different forms may be required

Timeline

StepTime
File petitionDay 1
Publication beginsWithin 1-2 weeks
Publication ends4 weeks later
Court reviews1-2 weeks after publication
Get certified copiesSame day if approved
Update Social Security1-2 weeks
Update driver's licenseSame day
TotalApproximately 8-10 weeks

Key Statutory References

  • N.Y. Civil Rights Law § 60 — Supreme court power to change name
  • N.Y. Civil Rights Law § 61 — Petition for name change
  • N.Y. Civil Rights Law § 62 — Contents of petition
  • N.Y. Civil Rights Law § 63 — Court order for hearing
  • N.Y. Civil Rights Law § 64 — Notice of hearing; publication
  • N.Y. Civil Rights Law § 65 — Order for change of name

Frequently Asked Questions

Q: How long does it take?

A: Approximately 8-10 weeks from filing to getting your court order.

Q: Can I change my child's name?

A: Yes, but both parents usually must consent. If not, the court holds a hearing.

Q: Will my criminal record disappear?

A: No. A name change does NOT erase your criminal record or legal obligations.

Q: What if someone objects?

A: The court will hold a hearing to consider the objection. Most name changes proceed unless there's fraud or evasion involved.

Q: Can I change my first, middle, AND last name?

A: Yes. You can change any or all parts of your name.


If you need free legal help:

  • Legal Aid Society (NYC): (212) 577-3300
  • LawHelpNY: https://www.lawhelpny.org
  • NYC Bar Legal Referral Service: (212) 626-7373
  • LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Disclaimer

This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.

Not a law firm. Not your attorney. No attorney-client relationship exists.

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