You are reading this article because you are considering having your name legally changed in the State of Florida. Maybe you have recently been divorced and did not restore your name at the end of the divorce. Or perhaps you have a different reason. After 9-11, the Florida DMV has tightened their regulations regarding renewing driver’s licenses, and I am getting an increasing number of clients who are contacting my office after having problems renewing their Florida driver’s license.
There is no doubt that you have questions, including: “How long does a name change take?” “What are the requirements for a name change in Florida?” and of course there is the all-important, “How much will it cost?”
My goal is to answer all of those questions for you in this article.
Before we get too far into this, I want to mention that I am a name change lawyer in Venice, Florida. Name changes are part of my family law practice. I regularly represent clients with family law matters, including name changes, in Venice, Sarasota, and the surrounding area.
Sarasota County happens to be part of the 12th Judicial Circuit Court of Florida so this article will discuss getting a name changed within the 12th Judicial Circuit. The rules for each circuit may be a little different so it’s important to keep that in mind.
The Basic Idea
Basically, to get your name changed you need to file what is called a Petition for Name Change. This is a civil petition filed with the Clerk of Court, just like a lawsuit. The only difference is that there is no defendant.
Once you file the Petition you need to have fingerprints taken as part of a FBI background check. The background check is required unless you are restoring your name to a former name (ie, your maiden name).
After the background check is performed, the FBI will send the results to the Clerk of Court. Once the Clerk has received the result, a hearing can be scheduled on the name change.
If everything is done properly, and the Court determines that the name change is not done for offensive or ulterior purposes, then the name change will be granted at the hearing. “Ulterior purposes” would include changing your name to evade creditors or attempt to conceal a criminal record.
The laws regarding legal name changes are contained in Section 68.07 of the Florida Statutes.
The Petition
The Petition is the heart of the name change proceeding. The Petition must meet certain criteria in order for the judge to grant the name change. Additionally, the Petition is signed under oath by the Petitioner so it cannot include any false information. For these reasons it is absolutely critical that the Petition is drafted correctly.
As a name change lawyer, I spent a lot of time with the client going over their background to make sure that the Petition is accurate.
Finger Prints and Background Check
Once the Petition is drafted, signed, and filed with the Clerk of Court, it’s time for the Petitioner to have their fingerprints taken as part of an FBI background investigation.
The reason why this is required is that the Courts need to ensure that the name change isn’t being done to evade a criminal history. The client works with either the Sheriff or a local company to schedule a time to get their fingerprints taken. The finger prints are then sent to the FBI’s background check office. Once the FBI has run their background check, the FBI will send the results directly to the Clerk of Court. The Clerk will then file the results of the background examination into your name change case. The cost for the background check is approximately $50.00.
The actual background check process moves quickly, and I often see the results filed within a week.
Note that the background check is not required if you are seeking the restoration of your name.
The Final Hearing
After successfully completing the FBI background check, the final step in the name change process is to schedule a final hearing. The purpose of the hearing is to go over the Petition with the judge, to testify under oath as to the truthfulness and accuracy of the Petition, and to confirm with the Court that you want your name changed.
Typically the final hearing in a name change petition is short and only takes 5 or 10 minutes. If everything has been done properly, then the final hearing is mostly a formality.
Are You Restoring a Former Name?
This is a big opening question because if you are merely restoring a former name there is less involved to change restore your name.
If you are not seeking to restore a former name, then you need to have fingerprints submitted for a state and national criminal records check. The fingerprints must be taken in a manner approved by the Department of Law Enforcement and must be submitted electronically to the Department for a state and national criminal records check. The petitioner is responsible for paying for the fingerprints.
Residence Requirements
A large component of the Florida Statute that governs name changes (FL Statute 68.07) is centered around where the petitioner lives. The petitioner must file a petition to change their name in the circuit court located in the county where that person is domiciled and has a bona fide residence.
It is important to keep in kind that your “residence” is generally defined as where you physically live while your “domicile” generally refers to the place you intend to make your permanent home.
For example: if you had a summer home here in Venice that you visit 3 months every year, but spend the majority of your time in Montana, have a Montana Drivers License, file taxes in Montana, and work in Montana, then you are very unlikely to meet the domiciled and bona fide residence requirement under the Florida statute.
However, if you move from Montana to Sarasota, take up a permanent residence in Sarasota, register to vote in the State of Florida, and get a Florida drivers license with a Sarasota address, then you are more likely to meet the domiciled and bona fide residence requirements.
How Long Does a Florida Name Change Take?
If you are merely seeking to restore a former name, a hearing on the petition may be scheduled immediately after the petition is filed. Courts are busy, and hearing time is relatively precious, and usually hearings are scheduled 3-4 weeks out. So plan on a name restoration to take about a month (assuming everything goes smoothly).
If you are not seeking to restore a former name, and needed to submit fingerprints for a background check, a hearing on the petition may be held immediately after the clerk of court receives the results of your criminal history records check. For a true name change I would budget about 6 weeks.
So in most instances, a name change can be done in 4-6 weeks.
Minor Child Name Changes
Sometimes I will be approached by a family to change a minor child’s name. Again, there are number of good reasons why a family may want to do this. The procedure for a minor child name change is similar to an adult name change, but there are a few key differences.
First of all, both parents must sign off on the petition. If both parents don’t agree, then the parent that wants the name change must file the petition, and serve it on the other parent like a regular contested lawsuit. If the parent that does not agree with the name change objects, then there will need to be a contested hearing, and a judge will decide whether to grant the name change or not.
Second, the parents must go through the background check process. The minor child does not need to have their background checked.
Note that a separate name change petition does not need to be filed for a minor child in the case of a stepparent adoption. The judge presiding over the stepparent adoption can also perform a name change at the same time.
Family Name Changes
It’s possible for a husband, wife, and minor children to all get their names changed at the same time. This can all be done under a single name change petition. The husband and wife both must sign the Petition and undergo the FBI background check. The court has discretion to grant the name change.
How Much Does a Florida Name Change Cost?
Each case is always different and any lawyer will tell you “it depends.”
With any name change there is a $400 filing fee, and then an additional $50-75 in costs associated with finger printing. I handle most basic name changes for $1,500.00. This amount includes the filing fee.
Sarasota Name Change Lawyer – Final Thoughts
A legal name change is an important decision that needs to be carefully considered. With any luck this article has provided a good overview of how the process works.
I hope you found this article on changing your name in Sarasota County helpful. If you are considering changing your name it would be my privilege to assist you. I regularly assist clients with legal name changes, so please don’t hesitate to give me a call (941)-882-4367 or send me an email (dan@danpolicastrolaw.com) to schedule a consultation.
