How to Legally Change Name in Tennessee
In Tennessee, undergoing a legal name change requires petitioning the Chancery Court in the appropriate judicial district. The basis for obtaining a name change is found in Tennessee Code Annotated § 29-8-101. According to this statute, a name change may be granted where doing so will not affect any property rights. The reasons for a name change may include a marriage name change, or a name change due to personal preference such as to reflect an ethnic heritage, a spiritual inclination, or a gender change. A minor may be adopted by a new guardian, and the child’s name changed. A petition should be prepared and filed with the court in the county wherein that person resides. Under Tennessee law, adequate notice is required. Thus, a person may not change his or her name without providing notice to those who may be affected by the name change . In addition, a proper inquiry and some investigation are required to assure that there are no further legal issues attached to the particular name. When appropriate, a hearing is held. The petitioner must provide available photo identification, such as a driver’s license, a passport, or a similar document. If the name change is for a child, then the petitioner must provide a copy of the child’s birth certificate. If the individual seeking a name change is under the age of 18, the parent or guardian of the child must provide notice of the action to the other parent of the child. If the parent cannot be found, then the notice must be published in the county where the child resides or has last resided, at least 30 days prior to the hearing.
Who is Eligible for a Name Change?
Eligibility for Legal Name Change
Legal name changes are typically initiated by individuals of at least 18 years of age. Persons younger than 18 can pursue a name change only with full consent from each parent. In such cases, petitions must be filed by parents on behalf of a minor child in the juvenile court division of the county in which the child resides. Both parents are duly notified of the petition and given notice and an opportunity to be heard. The consent of the other parent is not required before obtaining a judicial name change on behalf of a minor child if notice is duly perfected. Consent of the other parent is not required before obtaining a judicial name change on behalf of a minor child if that parent has failed to support the child for a period of four (4) months prior to the filing of the petition and the name change petition is based solely upon that fact.
The Procedure for Name Change
The Process: Step-by-Step, Tennessee Style
In Tennessee, you change your name through a petition filed with the local Chancery Court. The first step is to fill out a name change petition. This petition is a form document created by the Administrative Office of the Courts, and you can find it on the AOC website. You can also click here for a direct link to our specific section of the AOC website.
Once you have filled out the name change petition, you have to file it with the Circuit or Chancery Court in your local jurisdiction. In Davidson County, Circuit Court files petitions to change your name. In neighboring Wilson County, Chancery Court files name changes. After you pay the filing fee, you will receive copies of the name change petition back from the clerk of the court.
You must then serve the petition on the Davidson County Sheriff Department, which will give you back the name change petition, signed by a deputy (proving that service was completed). You must then serve the name change petition on all the local newspapers in your area. It is recommended that you publish the name change in a Community paper for two consecutive weeks. At the end of the second week, you must file the proof of service on all the local newspapers with the Court.
After two weeks have passed from the last publication, you have to go before the Judge and present the name change. Assuming the Judge does not object to the name change, he will sign the Order and the Clerk will issue you a name change certificate.
Documents Necessary to Submit with Petition for Change of Name
- Original petition for name change and one copy;
- Notice of petition for a change of name for advertisement and proof of publication, the newspaper’s original certificate of publication, if any, and a copy of the notice of publication;
- Order of publication, signed and sealed by the clerk of the court, with the certificate of publication when the judgment order is filed in the docket of the court; (also see Tenn. Code Ann. § 21-2-203(a)(5));
- Certified copy of birth certificate, or if this is unavailable, a copy of the Naturalization Certificate, or if this is unavailable, an affidavit from the petitioner explaining why these are not available (see Tenn. Code Ann. § 4-2-903(b)); and
- SSN card (some courts may request this, even if there is no law requiring it).
Petition for Change of Name Filed with Court
If you find yourself in need of a name change, you will need to file a petition with the court. This petition must disclose the reason for your desired change, stating that it’s not for fraudulent or criminal purposes. You will also need to state whether you’ve changed your name before, or whether a judgment has ever been entered against you. This information is typically disclosed in the petition itself, but that may not always be enough for the court to determine whether your request presents any legal or moral red flags.
So, after you file the petition, you will need to attend a hearing where you will testify before the judge about your intent to change your name, your present name and your reasons for wanting it changed. This hearing is usually brief, ranging from 10 to 15 minutes, and the judge will most likely be satisfied with your oral testimony and supporting documentation.
In some cases , the court will schedule a second hearing to get more information regarding the name change request. You may need other legal counsel to navigate this later hearing, particularly if you or the person seeking the name change is a minor.
The filing fee for a name change petition in Tennessee ranges from $200 to $400. Whether you’re applying as an individual, a family or a business, you will still need to pay an overall fee of $150. So, if you’re part of a family, you will need to file one petition requesting a change of name and pay only one fee to legally change the names of everyone in the family. Note that the fees necessary to publish the name change in a local newspaper typically run between $30 and $150.
As soon as the hearing is complete, the court will issue a decree authorizing the requested name change and all individuals who are members of the family as the petition describes.
Post-Name Change Documentation
After the name change is granted by the judge, the next steps are to update identification documents and personal records. If an adult has petitioned to change his or her name and the judge in Tennessee has granted the petition, the person’s legal name has been changed. However, government agencies and private-sector organizations typically require an individual to make a positive showing that he or she is now known by the new name before any records will be changed.
The following is a list of common documents and records that should be updated after your legal name change. It is arranged in order of importance.
- Birth certificate: It is not necessary to list your name change on the birth certificate of your child(ren) born before your legal name change. Your name at birth is not changeable by law.
- Social Security Administration (SSA) card: You must update this to match your new legal name within three (3) business days of the court order.
- Driver’s license: You are required by law to obtain a new driver’s license with your new legal name.
- Bank accounts and credit cards: Ask your creditors to update your account information. You may want to close your old accounts and open new ones.
- Attorney identification card: If you are practicing law and have an attorney ID card, you will need to update your card to reflect your new legal name.
- Annual and/or other association membership listings: If you are a member of any organizations, ask them if they list member names and if so, ask them to update your listing to reflect your new legal name.
- Voter registration: You are required by law to update your change of name with your local registrar of voters.
- Employer: You must update your legal name with your employer and your employer should be required to update the name on all records associated with your employment.
- Employee identification card: If you have keycard entry to various buildings at your place of employment, you should consider replacing your employee ID card with a new card that reflects your new legal name.
Common Pitfalls and How to Avoid Them
While the legal name change process in Tennessee may be straightforward, some people who file for it face some hurdles along the way. Below are a few common obstacles that can arise, along with some tips on how to avoid them:
An incorrect filing fee amount – If you’re filing for a legal name change in Tennessee, the filing fee should be either $301 or $479. The problem is that if you submit an incorrect fee, you won’t be able to pay the correct amount with a simple check. Instead, you’ll need to get a certified check from the bank in the amount of the filing fee and send that in. It’s much easier to just pay the correct amount up front – so don’t skip the fee schedule found at the Tennessee courts website.
A lack of proof of residency – You’ll need to show that you’ve lived in your county for the past six months. If you’re not a native, you’ll probably have to provide other documents, such as immigration paperwork. Be sure to include any necessary supporting paperwork.
Skipping the criminal background check – Many people going through the process choose to have their attorney conduct this check. In fact, it’s probably the best way to approach it. However, if you don’t want to hire an attorney, you can ask the Criminal Information Section of the Tennessee Bureau of Investigation to conduct this check. If your criminal record is sufficient to bar you from receiving a name change, TBI will deny your request in writing.
Having a name that serves as an offense against public policy – You can’t choose a name that goes against recognized public policy. If you try to submit a name change request that does this, the court will not accept it. For instance, women can’t name themselves "Queen" or "Princess" and restaurants can’t use "Coca-Cola" or "McDonald’s." Still, some names can end up being considered offensive. For instance, "Adolf Hitler Campbell" went before the New Jersey Supreme Court in 2008 to fight for the right of his parents to name him as such, under the First Amendment. An attorney from Tennessee helped them file an appeal. In the end, though, his name was upheld because of a larger issue about parental rights. The bottom line is that this is a gray area, so if you at all think your proposed name change could be considered offensive, you should probably consult an attorney.
Name Change FAQs
Depending on the reason for your name change, whether it be marital status or after a divorce, there may be some commonly asked questions to consider.
How long will it take to change my name?
In Tennessee, a legal name change is finalized by the court, so it shouldn’t take long. Typically, all of the paperwork is submitted, and you are granted the name change by the judge during a court hearing. It can usually be incorporated into a divorce hearing or other proceeding after a notice to the other parties is provided.
Will I have to appear in court for my name change?
You will likely need to appear in court for your name change. This is true whether it’s a divorce case and you’re changing your name back to your former married name , or if it’s a name change based on some other reason. The specifics of your reason for the name change as well as the jurisdiction where you live may determine some of the rules.
Is it complicated?
The procedure isn’t complicated, but it does require some steps that might not be common knowledge. The forms that you need include the petition and order for the name change, the decree and the birth certificate. There are also fees associated with both filing the paperwork and publishing the name change.
What if I have children under 18? Can I change their name?
In Tennessee, you can file for a name change for a child under 18. You’ll have to follow the same procedures as an adult.
