Name changes may become necessary or desirable in Missouri for any of a number of reasons. Marriage and divorce are two common events that bring on the need for a name change, but personal-preference name changes are also allowed as long as the change doesn't involve detriment to another person or creditor.
But going it alone is not permitted. The circuit court of the Missouri county in which the individual lives must review and approve the name change for it to be official. The process starts with a petition.
Missouri Name Change Process
Any Missouri resident has the right under state law to change their legal name – first, middle or last. This also applies to changing the name of minor children after a divorce. Although marriage and divorce are probably the most common triggering events for name changes, they are far from the only ones that qualify.
Any reason at all will probably be sufficient as long as the intent is not to harm someone or defraud creditors. That means that a Missouri resident who has carried a beloved nickname and wishes to make it permanent can do so. Of course name changes can also be used to correct mistakes on birth certificates.
A legal process is necessary to effect a formal name change in Missouri. That means that anyone wishing to change the name on their driver's license, passport, real estate deeds or other official documents must go through the circuit court. Fortunately, the process is relatively simple and inexpensive.
Filing a Missouri Name Change Petition
The first step in obtaining a legal name change order in Missouri is to file a petition. Under Missouri statute Section 527.270, any person desiring to change their name can file a petition to that effect together with a verifying affidavit in the circuit court in the county of the individual’s residence. Use the form provided by the court.
At this point, the individual wishing a name change is called the petitioner. The petitioner must include all relevant information in their petition. For example, the document must specify:
- Petitioner’s current full name.
- New desired name.
- Birth date.
- Place of birth.
- Parents' names.
- Parents' maiden names if any.
- Names of a spouse if any.
- Names of children if any.
- Fact and date of any prior name changes.
The petitioner must also include a brief statement explaining the reason for the desired change. Almost any reason would be sufficient, even simply personal preference. However, the judge must ascertain that the desired change would not be detrimental to the interests of any other person.
Missouri Name Change for Marriage
After the petitioner files the petition and pays a filing fee, which varies by county, the court schedules a hearing for the name change petition. The court hearing is a necessary part of the Missouri name change procedure, even for those changing their names for marriage.
If the reason a petitioner is changing their name is the fact of a marriage, special rules apply. Missouri allows married people to assume the last name of their spouse or to use a hyphenated version of their last names after marriage.
Since this has legal implications, individuals who want to adopt their partner’s last name are charged with going through the court process and, afterwards, declaring their new name to relevant state and federal agencies.
Requirement for Marriage Records
In Missouri, the name change process after marriage includes proof of the marriage. That means that the petitioner must obtain a certified copy of their marriage license or the certificate issued by the county clerk or the state Department of Public Health.
The official marriage certificate is the first official document containing the individual’s new name, and it must be presented during the name change process in Missouri.
Anyone married in Missouri who has trouble locating their Missouri marriage records should ask for assistance. Visit the state courthouse where the marriage license was issued or other state agencies in the same judicial district where marriage records are stored.
Missouri Name Change Hearing
The petitioner should appear at the Missouri Circuit Court on the date and time the hearing is scheduled. If they do not appear, their petition may be dismissed. Generally, the hearing is not grueling. The court will ask the petitioner about their reasons for wishing the name change and, absent evidence making it appear that the name change is being done to harass others or to defraud creditors, will usually grant the petition.
Local Newspaper Publication Requirement
At this point, the petitioner is charged with publishing the notice of the name change. The law requires that public notice of a name change must be given by publication. The announcement must appear at least three times in a newspaper published in the county where the petitioner lives. This must be done within 20 days after the order of court is made in order to alert creditors.
What if there is no newspaper published in the county of the marriage? It is possible in that case to publish notice in a newspaper published in St. Louis City or at the seat of government.
Obtaining the Name Change Court Order
The newspaper completes the cycle of publication, then sends the information of publication to the court. At that point, the judge signs and issues a final order of name change. The petitioner should take action to have the new legal name reported to the Social Security Administration, and also have their name changed on their driver's license, passport and other important papers.
Attend the hearing. Judges ask questions about your reason for the name change in Missouri, so be prepared to explain why you're requesting a new name.
Contact a newspaper that is circulated in your county as soon as the order is granted. Tell the newspaper you want to run a legal notice of a name change. The newspaper will need your old name, new name, the name of the court that granted the order and order date. Schedule the notice to run at least three times within the next 20 days. The newspaper will notify the court once the ad has been run, and you will receive your final name change order in the mail.
If no newspaper is published in your county, you can use a newspaper in a county immediately next to yours. If no newspaper is published in the immediately adjacent county, use a newspaper in St. Louis City.
The final order you receive can be used to change your name on other legal documents, such as your birth certificate and Social Security card.
You don't have to run a notice if you're a victim of child abuse, domestic violence or abuse at the hands of a household member under Missouri law.
References
Writer Bio
Teo Spengler earned a JD from U.C. Berkeley Law School. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an MA and an MFA in English/writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.