Adult Name Change
Each district court has specific local rules that may apply in your case. Check with the clerk of the district court in your county. If you fail to follow the local rules, you may not be able to finish your case.
Introduction
The procedure for legally changing your name is somewhat complicated. It is up to you to decide whether and how you use a lawyer in your case. The law allows you to do your own name change, which is also known as proceeding pro se (pronounced “pro-say”). Another option is to hire a lawyer to do only part of your case. This is called Limited Scope Representation. To find out more about Limited Scope Representation click on this link, or here http://nefindalawyer.com/.
This packet of forms and instructions is intended for an adult who wishes to change his or her name, and has resided in the county where the Petition is to be filed for at least one year before filing the Petition.
Facts About Filing for a Name Change in Nebraska
- Any person wishing to change his or her name may file a petition in the district court in the county in which the person resides so long as that person has been a bona fide resident of that county for at least one (1) year before filing the petition for a name change.
- Note: In Nebraska, an “adult” is an individual who has attained the age of 19, is a minor who has been emancipated by court order, or is married pursuant to Neb. Rev. Stat. §§ 43-2101 and 42-105. If you wish to change your name, and you are not 19, emancipated or married you will need your parent or guardian to file for you.
- You may change your first name, middle name, and/or your last name.
- There is a cost to file a Petition for Name Change. Once you file your Petition your case will be assigned a case number. This number must be on all documents filed with the court. You should be aware that there are additional costs associated with providing notice that you intend to change your name (see Legal Notice below).
- Statute requires a Legal Notice of your Petition for Name Change must be published once a week for four (4) consecutive weeks in the newspaper, which will add cost to the process of your name change. Before filing paperwork you should be sure that you have all the money you will need to complete the process. You should call the newspaper and ask the cost of filing a Legal Notice for four consecutive weeks (costs differ from newspaper to newspaper) and have that money available before you file your petition.
- In instances where a petitioner may be endangered by the publication of the Notice of Filing of a Petition for a Name Change, the requirement to publish may be waived by order of the Court. Neb. Rev. Stat § 25-21,271(2)(b). A petitioner believing, they, or a party for whom they are petitioning would be endangered by publication may request the requirement be waived.
- If you file a Petition for Name Change without the assistance of an attorney you must complete all the forms necessary. The clerk of the district court cannot assist you in preparing any legal documents, or advise you of the process.
Forms
Complete list of forms and instructions.
To begin the process you must take your completed Petition for Name Change (DC 6:9.1) and the Confidential Party Information - Adult Name Change (DC 6:9.4), along with the filing fee to the clerk of the district court in the county in which you reside. Please refer to the Instructions for Completing the Petition (DC 6:9.1a) and the Instructions for Completing the Confidential Party Information - Adult Name Change (DC 6:9.4a) for details on how to fill out these two forms.
Legal Notice by Publication
- After filing the Petition for Name Change you must give notice that you are changing your name in a newspaper or obtain an order waiving the requirement to publish.
- In cases a petitioner is required to publish the Notice of Filing for a Name Change, the petitioner will publish in the county where the Petition is filed, or in a newspaper in general circulation in that county. Before the Legal Notice can be prepared you will need to set a hearing date. To set a hearing date ask the clerk the name and phone number of the bailiff or other court personnel to contact to schedule the hearing. The hearing should not be scheduled any sooner than approximately six (6) weeks from the time you filed your Petition, so as to give you the necessary time to have the Legal Notice published once a week for four (4) weeks prior to the hearing.
- Once you have a hearing date you should immediately complete the Legal Notice form (DC 6:9.2) and contact the newspaper to arrange the publication of the Legal Notice, as well as to have the newspaper provide the court with proof that the Legal Notice was published at least once a week for four (4) weeks. Please refer to the Instructions for Completing the Legal Notice for Publication (DC 6:9.2a) for details on how to fill out this form.
If you wish to request a court waive the requirement to publish the Notice of Filing of Name Change, you must complete the Petitioner's Showing and Request for Waiver of Publication . This should be filed at the same time as the Petition for Name Change. A showing means you need to present evidence in the form of documentation to support your request. Note: This form does require hard copy documents supporting the request for the waiver be provided by the petitioner to the court. The clerk’s office will notify you of the judge’s decision in writing (or e-mail if your e-mail address is registered with court). If the judge grants your order, you may proceed without publication and can contact the court to set a hearing date. If the judge denies your request to waive publication, you will need to complete the steps for publication noted above.
You will need to mail a copy of the published notice (what was in the newspaper) to the last known address of all people appearing to have a legal interest in this matter. This has to be done within 5 days after the notice has been published in the newspaper for the first time.
To tell the court that you mailed these copies, and that you tried to find any other person(s) appearing to have a legal interest in the case, you will complete and file an Affidavit of Mailing Published Notice (DC 6:6.8) using the Instructions for Completing the Affidavit of Mailing Published Notice (DC 6:6.8a). This form MUST be filed with the court within 10 days after you mailed a copy of the newspaper’s published notice to all interested people.
The court will not hear your case until this form is filed, so make certain you file it before your hearing.
In this form you are swearing under oath that you mailed them. This form must be notarized.
Court Hearing on Name Change
- Prior to the hearing date set for the case you must prepare the Decree of Name Change (DC 6:9.3) using the Instructions for Completing the Decree of Name Change (DC 6:9.3a) as well as prepare your testimony for the hearing. You will want to bring two copies of the Decree of Name Change to your hearing. The judge will keep an original with his or her signature for the court file and will give you a copy for your records.
- Prior to the hearing date you should check with the clerk of the district court to make sure the newspaper has filed an affidavit saying the Legal Notice was published once a week for four (4) consecutive weeks.
- You must attend the hearing and testify under oath about the issues raised in the Petition for Name Change. The issues raised are covered in the Instructions for Your Adult Name Change Hearing (DC 6:9a).
- Once the court has granted your request for a name change and signed the Decree of Name Change you will need to obtain a certified copy of the Decree of Name Change from the clerk of the district court. Once you have received a certified copy of the Decree, you may use that certified copy to change your records with the Department of Motor Vehicles as well as the Social Security Administration.