Colorado Name Change Law Demystified
In Colorado, an adult may file a petition in district court for an order of legal name change. For a child, the petition must be filed by a parent or guardian, or a person with parental rights and responsibilities. Pursuant to C.R.S. ยง 13-15-101, a final order of legal name change may be granted by the court unless one of the following applies: In addition , individuals with felony convictions in Colorado may be required to publish their name change for a period of 4 weeks in a general circulation newspaper in the jurisdiction of their former name. This may also hold true for individuals with felony convictions outside of Colorado. The cost of this publication becomes a reimbursable expense of the petitioner, provided that the name change is approved.
Who Can Change Their Name?
The requirements for eligibility to file a Petition for Name Change are as follows:
- The name change must be in good faith and not for fraudulent purposes.
- Name cannot be that of a head of state, police or military, and cannot be offensive in any way.
- You can only change your name within the county that you reside.
- Petitioner must reside in Colorado for at least 12 consecutive months prior to filing, unless you are seeking a name change on behalf of a minor.
- If you are a married woman seeking a name change to reflect your maiden name upon divorce, it must be accomplished within the divorce decree. You are not allowed to petition the court for a changed name during your divorce proceedings.
- If you have a felony record, you must provide your fingerprints in order for the investigation to be completed. Once the investigation has been made and no reason exists to deny the petition, the magistrate will grant the petition.
How To Process A Name Change In Colorado
In Colorado, the process for changing your name is relatively simple. You will need to file two petitions. The first petition is a request for a name change. The second petition is a request to waive notice and shorten the time required to provide notice of your intended name change. The name change petition is available from the Colorado Courts website. You will need to fill out the Personal Identifying Information form, the Criminal History Check and the Social Security Notification form. Once you complete the forms, you must have them notarized before filing them with the clerk of the court in the district where you reside, and you must also pay a filing fee. After the court has filed your petition, it will be assigned to a judge. You should not schedule a hearing for the name change petition until you receive a 15-day notice through the mail of your name change filing. You will then move on to the next petition, requesting that the court permit you to only give notice of your intended name change to the parents of your children or another adult (if applicable), and waive any newspaper publication requirements. The judge will then grant or deny your petition. If it is granted, the court will establish a hearing date for you to appear before the judge. At the hearing, you will be required to testify as to the reasons for your name change and verify that there is no criminal intent behind the name change (for example, to avoid retribution). The hearing will be open to the public, but you can request the address and telephone information on the hearing documents be kept confidential, at which time they will be sealed. If the court does grant your petition, you will be issued an official name change order, so you will be able to re-establish yourself with the state, federal and other governmental agencies.
Paperwork and Documentation
In Colorado, individuals seeking a name change must complete specific documentation as part of their application. First and foremost, individuals must fill out the appropriate forms to initiate the name change process. This includes a "Petition for Name Change," which must be completed and submitted to the Court along with the other required paperwork. After filing the necessary forms, a hearing date will be scheduled. The petitioner will receive a notice of this day, which is an announcement of the date on which the petition will be reviewed by a judge.
In addition, an individual requesting a name change must provide two passport-sized photographs. Applicants also have to undergo and pass a criminal background check, which requires fingerprinting. Part of the paperwork for the name change process includes a criminal history record request form that must be given to a police officer or certified technician so they can perform the fingerprinting.
For males who are 18 years old or older, it is important to note that they must also include an affidavit stating that failing to register for the Selective Service or National Registry is not an intentional act. In other words, the failure to register for the Selective Service or National Registry isn’t being done purposefully to affect the name change process.
Once the criminal background check, name change forms and photographs have been completed, a petitioner may also need to publish a Notice of Quiet Title in a newspaper to announce his or her name change. An individual may be able to complete the publication by simply submitting an affidavit of publication to the court after the ad has been published.
If a petitioner does publish a Notice of Quiet Title, they must also attach their proof of identification, i.e., their driver’s license, official identification card or other documentation, in order to start the name change process. In addition to providing a document that proves the petitioner’s identity, the individual must also confirm that only his or her first name will be changed.
Fees and Costs of Legal Name Change
Legal Fees and Expenses
The filing fees associated with a name change are relatively minor. The district court currently charges a filing fee of $166.00 for individuals. For a search of the Colorado State Tax Commission Registry of Trade Names, the plaintiff will be charged $5.00. If the plaintiff requests a certified copy of the decree for the name change, there is a $20.00 fee for that copy. In some instances, plaintiffs may also elect to publish their name change in the newspaper before the decree is granted. In this case, the plaintiff will be responsible for paying whatever the publisher charges. Generally, newspapers will charge between $150.00 and $300.00 to run a name change ad for six weeks. Other legal expenses associated with a name change petition vary from case to case. For example , some plaintiffs may wish to change their name on Social Security records. This requires the plaintiff to produce his or her original birth certificate, evidence to identify his or her parents, and an "Application for a Social Security Card." These items can be obtained at a small cost, if the applicant has no previous contact with the Social Security Administration (SSA). Likewise, in order to have a driver’s license reflecting a name change, the applicant may need to produce a copy of the marriage or divorce decree reflecting the name change, a copy of the birth certificate, and a "Driver’s License or ID Card Application." In sum, most related legal costs and fees associated with a name change petition are low.
Typical Name Change Reasons
When you change your name, Colorado law requires that you publish notice of your name change in a local area newspaper for three successive weeks. What is not required, however, is a reason for the change.
Even so, there are certain circumstances and conditions that give rise to the need for a name change in Colorado. In many cases, a name change is part of a life transition. In other cases, a name change is necessary to adopt a name that best represents an individual’s social character.
These life transitions include marriage, divorce and widowhood. On the other hand, life transitions may also include a transgender lifestyle. The following sections will describe these common conditions.
Individuals who have been married may seek to change their names back to what they were known by prior to the marriage. This is generally done by women; not as commonly by men. In either case, the procedure to request a name change is similar.
First, the individual must publish notice of his anticipated name change in an area newspaper to allow any parties to object. After a brief waiting period, the individual can then file a petition to change names with the relevant court.
Divorce leaves individuals with a decision: Maintain your former name or adopt a new one. Generally, following a divorce, women do not usually keep their former married names. However, in some cases, even men have the opportunity to change their names through the divorce process.
To do so, a spouse may need to make a specific request through their divorce action. To maintain consistency, changes to names in the divorce decree recommend that both parties make the same name change. If individuals do not agree to the same name change, single name changes may be submitted in the decree.
Women whose spouses have died may seek to change their names as well. In these situations, widowhood is perceived to be similar to divorce or marriage; it is often a time of transition during which individuals may feel the urge to maintain or to change their former names. The procedures for such name changes is similar to those for individuals who have been divorced.
Transgender individuals often adopt a name change when they transition from one gender to another. In fact, gender change is often considered a third gender change condition. In other words, changing genders is akin to changing a name.
To many individuals, gender change is the process by which they shift from one social construct to another. Accordingly, many individuals request a name change at the same time they request gender change. To do so, individuals may not even need to supplement their request for a name change with a specific petition. The social implications of gender change to most individuals suffice to allow a change of name upon request.
When seeking to change names, individuals often have a choice between submitting a proceeding by publication or not. Proceeding by publication may be necessary if you do not know the individual or individuals to whom you may be required to provide notice. In comparison, you may complete an address search to see whether a person can be located. If so, you may provide them with individual notice of the request.
At times, individuals may avoid providing notice altogether. Individuals may request expunged notifications when doing so could result in serious consequences. On occasion, extra steps must be taken to give such notice.
Obstacles and Remediation
Even under the best of circumstances, obtaining a name change in Colorado comes with its share of challenges. As with most complex legal matters, there are frequently roadblocks and pitfalls to avoid. While a skilled Colorado lawyer with experience in name change petitions, such as those of the family law group at Green & Green, can help you navigate the complexities of the law, there are a few common issues you should be prepared to face. Publishing your intent to change names in a local paper can become an expensive endeavor if you don’t stay on top of the process. The weekly publication fee for a Colorado newspaper varies by the size and circulation, but as a general rule of thumb, you should be prepared to spend at least $200-300 on this process. Since the law gives the newspaper approximately five days to publish the article, you want to make sure you stay in close communication with the newspaper to make sure the proper article is published in a timely manner. This is the number one reason why people fail to follow through with the publication process. The Colorado name change law requires that you publish your notice for three consecutive weeks in a newspaper of record in the county where you live. The notice requires that you publish your intent to change names, any legal action or other issues you have had, and your name and address. If the newspaper fails to publish the article as required, your request may be rejected by the court. Stay in contact with the editor who is handling the publication to ensure that you don’t face any issues as you seek to publish your name change in Colorado. In order to have a name change petition granted, your request must be free of fraud, deception and malicious intent. A common scenario under which the court may deny your request for a name change is a previous felony conviction. This is especially true if you have not contacted the court to have your rights restored after completing your sentence. In some cases, a judge may ask that you sign a waiver of right to request restoration before they grant you a name change petition. If this is true in your case, your skilled Colorado lawyer will need to counsel you on your options and advise you on the best course of action to take.
Post-Name Change: Updating Documents and Components
Once your change of name is legally granted, there’s work to do. Your new name must be changed on official documents, records, and in databases. Most people will need to notify government agencies, banks and financial institutions, and other professionals. Here’s an overview of the process. Your certified copy of the Colorado change of name court order should be sufficient for banks and other financial institutions. But some may require an original certified copy. You may also need to provide your Social Security card, state-issued identification card, or driver’s license. Legal professionals such as doctors, lawyers, or accountants may ask for a copy of the court order or a stamped copy from the court clerk’s office. Your list of credentialing paperwork should include "change of name" and specify exactly what they require. For a change of name after marriage or divorce, you already have the necessary documentation. In other situations, you’ll need to provide proof of identity and legal name change. This could include a certified copy of your change of name court order , copies of identification showing both your old and new names, along with a copy of another certified copy of the court order. Your birth certificate can be replaced relatively easily, but you’ll need to follow specific requirements. For a foreign-born individual, the requirements can vary by state. Generally, you must first legally change your name in accordance with your state’s laws. Then you file a completed application form, often with an original or certified copy of your marriage certificate (if applicable), legal divorce order (if applicable), or change of name decree. In some cases, you’ll need to provide a copy of the local court’s grant of name change. Update your name with the Social Security Administration by completing Form SS-5 and providing required evidence. A change of name results in the need to update your driver’s license or other state identification. You must contact the state department of motor vehicles directly. Change of name law is complex, and it varies from state to state. Be sure to ask your attorney any questions you may have.