Name Change Process in Louisiana:

A legal name change is the process of changing one’s given name to a different name of their choice.  This can include their first name, last name, or both.  People change their names for all sorts of reasons.  This may include religious reasons, safety, privacy, divorce, adoption, or simply because they don’t like their names.  However, avoiding creditors or criminal prosecution will be cause to deny a name change. 

Who Can Change Their Name?

Anyone who is at least 18 years old can petition to change their name.  Minors can also change their names, but the process requires parental consent.   Felons cannot change their names until they have completed their sentences, parole, and/or probation.  Some past felonies may also preclude a name change, such as violent felonies and perhaps fraud.

What is the Process for Changing a Name?

The process involves several steps.   To formally change a name, a court order is needed.

Step 1 – Filing a Petition for Name Change:

Per La. R.S. 13:4751, adults in Louisiana adult will first need to file a petition in a district court that has jurisdiction.  The petition can be filed in either (1) the parish of birth, if born in Louisiana, (2) the parish of current residence, or (3) the parish where Vital Records is located, which is Orleans Parish.

The petition should set forth some basic info, such as the current name of the petitioner, the desired name, their address and/or parish of birth, and the reason for wanting the name change.

Step 2 – Serving the District Attorney:

The district attorney for the parish where the petition is filed is the proper named defendant.  As such, he or she should be served with a copy of the petition.  The district attorney will then perform a background check to make sure there are no pending felonies or other reasons to object.  The district attorney may also object if the chosen name is unusual such as a single letter or a number.  The district attorney will then file their answer of no opposition or detailing their objection.

Step 3 – Obtaining a Judgment of Name Change:

A proposed judgment can be submitted with the petition, but it will not be signed by the judge until the district attorney files its answer.  The judgment can also be submitted after the answer is filed.  Either way, the timing of having the judgment granted hinges on the district attorney doing its job.  If a lengthy amount of time has passed without an answer, it may be prudent to call the district attorney to find out the status.

If the district attorney files an answer of no opposition, the judge may sign the judgment without requiring a hearing.  If the district attorney objects, there will surely be a hearing.

Step 4 – Updating Documents and Agencies:

The judgment of name change will be needed to update your identification and important documents. The process of updating each document varies.  Some of the agencies and other entities that will require a certified judgment may include:

• Vital Records to update your birth certificate;
• The Department of Motor Vehicles to update your driver’s license and vehicle registrations;
• S. Department of State to update your passport;
• Social Security Administration;
• IRS;
• Registrar of Voters;
• Banks and creditors;
• Retirement plans;
• Insurance companies;
• Utilities;
• Employers.

Simplified Process to Change a Name in Divorce:

Rather than going through the above process following a divorce, divorcing spouses have the option to include a request in the petition for divorce or their answer to a petition for divorce.  When the divorce is finalized and a judgment of divorce is granted, it may include an order restoring a spouse’s name to the maiden name or the name that was being used at the time of marriage.  The spouse can then use the divorce decree to update important documents and agencies.

The main benefit of requesting a name change in a divorce decree is that it saves time and money.  However, the spouse is limited to her prior name, rather than anything she chooses.

Process for Changing a Minor’s Name:

The process is mostly the same, except that the parents must sign the petition.  The tricky part is that both parents must agree.  This often prevents one parent from changing the child’s name following a divorce.  If one parent is deceased, though, then the surviving parent has the sole discretion. 

If one parent doesn’t agree, there will likely need to be a hearing.  There are some exceptions under La. R.S. 13:4751(C) that may allow a name change even though one parent refuses to sign.  These include if one parent has been granted sole custody, if a parent has refused to follow a support order for over a year, or if parent has refused to visit the child for more than two years,

As above, once a judgment is granted, it will need to be used to update agencies and documents.  For children, this will include school records.

New Orleans Name Change Attorneys:

We are a Gretna law firm that has served the New Orleans area since 1980 in all matters related to family law including names changes.  Our experienced team can quickly prepare the necessary documents and deal with any objections by the district attorney.  We take pride in offering a personal and trusted experience.  Call us today for a free consultation and find out why so many of our clients come back to us.