Changing NalUl!s IGeorgiaLegalAid.org IA guide to free and low-cost
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aid, assistanc... Page I
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Changing
Names
Authored
By:
Atlanta
Legal
Aid
Society
Inc
at-LSC
Information
Changing
Names
(Answers
to
Common
Questions)
I
Am
Going
To
Be
Getting
A
Divorce
And
Want
to
Return To
the
Name I Used
to
Have
- Can I
Do
This?
Yes,
in
a divorce you may have your maiden or prior name restored to you. You must put this request
in
your complaint
or
petition for divorce in the section where you tell the court what you would like it to do for
you Since it is
in
your divorce proceeding there is no extra charge for this and you
do
not have to have the
name change published separately.
I
Just
Want
To
Change
My
Name -
How
Can I
Do
This?
(1) File a
Petition
for
Name
Change. If you are an adult and want to change your name, you must file a
petition the superior court in the county where you live. The petition must list your reasons for asking to
change your name.
(2) File a
Verification
of
Petition.
You must also sign and file a document called "Verification
of
Petition."
In
the Verification
of
Petition, you are swearing that the information
in
the petition is correct.
(3)
Publish
Notice
of
Name
Change. Within seven (7) days after you file the petition and verification
of
petition, you must arrange
to
have a notice published for four (4) consecutive weeks in the newspaper
designated by that court. The notice must contain your name (the name of the petitioner), the new name you
want, the court where you filed the petition, the date you filed the petition, and the right
of
any interested or
affected party to appear and file objections. Thirty (30) days after you have filed the petition and provided the
court with proof that you have published notice of the name change
in
the newspaper as the court required,
the court
will have a hearing
on
your petition for name change and render final judgement.
If
someone files
an
objection against your petition of name change this may take longer.
Note
on
Fees: You will have to pay a filing fee to file the petition for name change and a publication fee to
publish the notice
of
name change
in
the newspaper.
What
If
the
Person
Is
Under
18 Years Old
(a
Minor)?
If the person who wants to have their name changed is a minor (under 18 years old), you must follow the
regular procedure, plus you must get the written consent
of
the minor's parents.
If
both parents
of
the minor
are dead, the minor's guardian must provide written consent. The written consent must be attached
to
the
petition.
Written consent
of
a parent
is
not required from a parent that has not contributed to the support
of
the minor
for the five continuous years before the petition for name change is filed.
The petition must also be "served" on the parents or guardian. This means that the petition is given in
person to the parents
or
guardian by the sheriff
or
another local "process server", This is called "service
of
process." You have
to
pay a fee to have the petition served
on
the parents or guardian,
If the parents or guardian live outside
of
Georgia then a copy of the petition should be sent by certified mail
or statutory overnight delivery. If the address
of
the parents or guardian is not known, then they can be
"served"
by
notice publication
in
the newspaper.
If
the petition is served
on
the parents or guardians living in Georgia, then the court will hear the petition and
give a final judgment thirty (30) days from the date
of
service.