What Are The Most Frequently Asked Questions About Changing Your Name in Florida?
What forms do I need to legally change my name in Florida?
To legally change your name in Florida, you primarily need to file a Petition for Change of Name (Adult) (Form 12.980(a) or Petition for Change of Name (Minor Child) (Form 12.980(b), as appropriate), along with a copy of your fingerprints taken by an authorized law enforcement officer or an authorized service provider, and a sworn affidavit that your fingerprints were taken by an authorized law enforcement officer or an authorized service provider. You may also need to provide a copy of your driver's license or identification card. If the name change involves a minor, consent forms from both parents (or a valid legal reason why consent is not required) must be included.
The Petition for Change of Name requires detailed information about your current name, proposed new name, reasons for the change, your address, date of birth, place of birth, social security number, and any past criminal history. The fingerprint requirement is mandatory for adults to ensure the name change is not being pursued for fraudulent or criminal purposes. Note that there are some exceptions to the fingerprinting requirement based on specific circumstances. Keep in mind that the exact forms needed may vary slightly depending on the specific court and your individual circumstances. It's always recommended to consult the clerk of court in the county where you plan to file the petition or to seek advice from a qualified attorney to ensure you are using the correct forms and complying with all applicable legal requirements. The Florida Courts website also offers valuable information and resources on name change procedures.How much does a name change in Florida typically cost?
The cost of a legal name change in Florida varies but generally ranges from $400 to $600. This includes the court filing fee, which is usually around $400, and fingerprinting fees, which are about $60. You might also incur additional costs for publishing the notice of the name change in a local newspaper, if required by the court, which can add another $100-$200 to the total expense.
The primary expense associated with a name change in Florida is the court's filing fee. As of late 2023, this fee is generally around $400, but it's crucial to confirm the exact amount with the clerk of the court in the county where you intend to file your petition. This is because fees can sometimes vary slightly between counties. Additionally, fingerprinting is mandatory as part of the background check required for a name change, costing approximately $60 at an authorized fingerprinting service. Beyond the court filing fee and fingerprinting, another potentially significant cost is the publication requirement. In some Florida counties, the court may require you to publish a notice of your intention to change your name in a local newspaper for a certain period, usually several weeks. The cost of this publication varies depending on the newspaper's rates and the length of the required notice, but you can expect to pay between $100 and $200. If you hire an attorney to assist you with the name change process, their fees will, of course, add to the overall cost.Will I need a background check for a Florida name change?
Yes, as part of the legal name change process in Florida, individuals 18 years or older are generally required to undergo a fingerprint-based criminal background check. This is a mandatory step to ensure the name change is not being sought for fraudulent or malicious purposes.
The background check is typically conducted through the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI). You will be required to submit your fingerprints, usually taken at an authorized fingerprinting location. The results of the background check are then submitted to the court as part of your name change petition. The court uses this information to determine if there are any reasons to deny the name change, such as a history of criminal activity or an intent to evade legal obligations.
Specifically, Florida Statute 68.07 outlines the requirements for a name change. It stipulates that adult petitioners must submit sworn statements related to criminal history and undergo fingerprinting for a state and federal background check. Exceptions to the background check requirement are extremely rare and typically require specific court orders, such as cases involving witness protection programs. Therefore, you should be prepared to complete this step when petitioning for a name change in Florida.
Where do I file the name change petition in Florida?
You must file your Petition for Change of Name with the circuit court in the county where you reside. This is typically done at the Clerk of the Court's office within that county.
The specific Clerk of Court handling name change petitions might be located at a particular courthouse or branch within the county. It's always best practice to contact the Clerk of Court in your county directly, either by phone or by visiting their website, to confirm the correct filing location and any specific procedures they require. They can also inform you of any local rules or required forms beyond the standard state forms. Filing in the wrong county can result in delays or the dismissal of your petition, requiring you to start the process over. Ensure you have proof of residency, such as a Florida driver's license or utility bill, readily available as the court may request it to verify your eligibility to file in that specific county. You will also need to pay a filing fee, which varies by county, so inquire about the exact amount and acceptable methods of payment when you contact the Clerk of Court.How long does the Florida name change process usually take?
The Florida name change process typically takes between 8 to 12 weeks from the date you file your petition with the court. However, this timeframe can vary depending on the specific county where you file, the complexity of your case, and the court's current workload. Uncontested cases with complete paperwork generally proceed faster than cases with complications or objections.
The initial waiting period involves gathering the required documents, completing the petition, and filing it with the appropriate court. After filing, there’s a period where the court reviews the documents and schedules a hearing (if required). The background check, including fingerprinting, also contributes to the overall timeline, particularly if any issues arise during this stage. Delays can occur if the petition is incomplete, if there are objections to the name change, or if the background check reveals discrepancies. If a hearing is required, the court's schedule will also impact how quickly the process concludes. To expedite the process, it's important to ensure all paperwork is accurate and complete from the outset, and to promptly address any inquiries from the court or background check agency.Do I have to publish my name change in a Florida newspaper?
Yes, in most cases, you are required to publish notice of your name change in a newspaper of general circulation in the Florida county where you reside, as part of the legal name change process.
The publication requirement serves as a public notification of your intent to change your name. This allows any interested parties (creditors, for instance) to object to the name change if they have a valid reason. The specific requirements for the publication, such as the number of times the notice must be published and the required wording, are usually outlined in the court order granting your name change. You must strictly adhere to these requirements.
There are very limited exceptions to the publication requirement, typically involving situations where publication would pose a credible threat of harm to the petitioner. For example, a victim of domestic violence or stalking might be able to request a waiver of the publication requirement. This exception is not automatic and requires specific documentation and a judge's approval. If you believe you qualify for an exception, consult with an attorney.
What happens after the court approves my Florida name change?
Once the court grants your Petition for Change of Name, you'll receive a certified copy of the court order. This certified copy is the golden ticket – it's the official document you'll use to update your records with various agencies and institutions, such as the Social Security Administration, Department of Motor Vehicles, banks, credit card companies, employers, insurance providers, and other important entities.
After obtaining your certified court order, your next crucial step is to notify the appropriate agencies to reflect your new legal name. The Social Security Administration (SSA) should be one of the first places you visit. Updating your Social Security card is essential because it serves as a foundational piece of identification. After updating your Social Security information, you'll want to visit the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to obtain a new driver's license or identification card. Your name change needs to be reflected on your driver's license. Beyond these key agencies, think broadly about all the places where your current name appears. This includes your bank accounts, credit cards, insurance policies (health, auto, life), voter registration, passport, professional licenses, educational records, and even your email accounts and social media profiles if you wish. Creating a checklist and systematically working through it ensures you don’t miss any critical updates. Remember to always provide a certified copy of your court order as proof of your legal name change when updating your records.Alright, you've got the lowdown on legally changing your name in Florida! It might seem like a lot of steps, but take it one at a time and you'll be signing your new name in no time. Thanks for reading, and feel free to pop back anytime you have more legal questions – we're always happy to help!