How to Change Your Name in Montana

Residents of Montana can change their names as long as the reasons are good and sufficient. People are not allowed to change their names for avoiding debts, hiding criminal records or any other improper reasons.http://courts.mt.gov/content/library/forms/name_chg/adult_name_change.pdf In the case of a marriage or divorce, a marriage license or divorce decree clearly showing the previous name and the new name can serve as the legal instrument for amending all legal records under the new name.http://newlastname.org/mt-montana For people who would like to change their legal names under other circumstances, a court order for name change is required.http://courts.mt.gov/library/topic/name_chg.mcpx This page provides information on how to change your name in Montana by means of a court order.

The process is fairly simple and requires some copy fees, publication fee and a filing fee. If the petitioner cannot afford to pay the filing fee, he or she may ask the clerk of district court for an affidavit or any relevant form of request for waiving the filing fee.http://courts.mt.gov/content/library/forms/name_chg/adult_name_change.pdf When a court order is granted, the court clerk will record the change and order changes to the petitioner’s birth records. It is advisable for the petitioner to get several certified copies of the order from the court clerk for future use.http://courts.mt.gov/content/library/forms/name_chg/adult_name_change.pdf The petitioner should continue with alterations of other legal records which include but are not limited to social security, IRS file, driver’s license and car registration, passport, voter registration, bank accounts and property ownership.http://newlastname.org/mt-montana

Step 1: Fill out the Forms and File the Petition

Obtain the relevant forms from a district court of the county in which the petitioner resides.http://data.opi.mt.gov/bills/mca/27/31/27-31-101.htm The forms can also be downloaded from the website of the State Law Library of Montana.http://courts.mt.gov/library/topic/name_chg.mcpx For minor children under 18 years old, the petition should be prepared by a parent, a guardian or a guardian ad litem. The petition must be signed in the presence of a Notary Public. File all the documents to the district court clerk.http://courts.mt.gov/content/library/forms/name_chg/child_name_change.pdf

Step 2: Publish Notice of the Hearing

An Order Setting Hearing and a Notice of Hearing will be mailed to the petitioner. Both documents should be copied and taken to a local newspaper for publication of the notice for four successive weeks before the hearing.http://data.opi.mt.gov/bills/mca/27/31/27-31-201.htm The petitioner should ask for a proof of publication and take it to the hearing.http://courts.mt.gov/content/library/forms/name_chg/child_name_change.pdf Publication is not required for a minor if both parents and all legal guardians consent to the name change in writing.http://data.opi.mt.gov/bills/mca/27/31/27-31-201.htm If a petitioner feels that his or her safety is at risk, the petition can be processed under sealed-record without publishing a public notice.http://courts.mt.gov/content/library/forms/name_chg/name_change_sealed.pdf

Step 3: Obtain the Order for Name Change at the Hearing

All stamped documents filed to the court and the proof of publication should be brought to the hearing. The petitioner should explain to the judge what and why he or she wants with the name change. The judge will decide whether or not to issue an Order for Name Change. If the order is granted, the petitioner should take it to the district court clerk for record.http://courts.mt.gov/content/library/forms/name_chg/adult_name_change.pdf

Disclaimer

The content of this page is intended for general informational purposes only and is not a substitute for professional legal advice.

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