What You Need to Know When Changing Your Name in Arkansas
The legal name change process in Arkansas is governed primarily by Arkansas Rules of Civil Procedure Rule 5(a)3, which states a person seeking to change their name must file a verified complaint in the Circuit Court of the county where they reside. The complaint must state the reasons for the name change and be accompanied by a certificate of publication and, when the person has not been a resident of the state for three (3) years, upon the showing of reasonable cause, by an order of the Circuit Court.
Additionally, Arkansas Code ยง 9-10-201 gives the Circuit Court the power to "change or alter the name of any person." As with ARCP Rule 5(a)3, this statute requires the person requesting the name change to file a verified petition and to file a proposed decree changing their name.
Name change petitions can also be brought under ARCP Rule 5.1(a)(2), which states a party may seek an order amending the caption of a pending case at any stage of the proceeding. Recently , the Arkansas Supreme Court approved the proposed amendment of Rule 5.1(a)2 to state:
Married parties whose marital status has been legally changed or terminated by divorce and who have not obtained court approval under Rules 5(a)(3) and 5.1(a)(2) of the Arkansas Rules of Civil Procedure to designate themselves under their names of birth or given name, may, at any time during the pendency of a case, by amended motion, move to amend the caption to reflect their names of birth or given name. (emphasis added)
In Circuit Court, the existence of a certificate of publication is required for a name change. However, the new Rules 5.1(a)2 and 5(b)(1), along with the accompanying Comments, create a conflict between the Arkansas Rules of Civil Procedure and the Arkansas Circuit Rules. For example, Circuit Rule 6(6) requires pleadings to be signed only by the party’s "current name." ARCP 5(d)(1) states the Circuit Clerk shall note any changes upon the records of the case if the party’s name is changed. This post provides an overview of the applicable legal framework, but does not clarify how to comply with conflicting requirements between the Arkansas Rules of Civil Procedure and Arkansas Circuit Rules.
Who Can File for a Name Change to Arkansas Courts?
There are several eligibility requirements that a person must meet in order to change his or her name in Arkansas. These requirements include being at least 18 years old, being a resident of the state, and not being prohibited from changing your name due to prior felony convictions or other reasons. First, the statute requires that a person be at least 18 years of age to petition for a name change. This means that a person must be at least 18 years old at the time the petition is filed with the court. If the person is under the age of 18, he or she must obtain permission from the court to change their name. There are special provisions in place for minors that require the consent of both parents or legal guardians before a name change can be granted. Next, the statute requires that a person must be a resident of the state in which he or she is filing the petition for name change. This means that a person must be a citizen or legal resident of the state to be eligible to apply for a name change. Finally, there are other restrictions that may apply to a person seeking to change his or her name in the state. For example, a person who has been convicted of certain crimes may be prohibited from changing his or her name. Under Arkansas Code Annotated 9-10-204, no person may petition for a change of name if he or she has been convicted of a felony involving a sexual offense, domestic violence, or a felony against a minor. In addition, if you have changed your name under the Armed Services during your service, that change of name will remain effective unless you request it to be changed.
Arkansas Name Change: How to Change Your Name
The orderly approach to legally changing your name in Arkansas requires the filing of a petition with the appropriate circuit court, attending a hearing, and obtaining a court order. While the following is an overview of the process based on my experiences, I always suggest that you enter this process with the advice of an attorney experienced in the area of name changes. First, you will want to draft a petition in accordance with Arkansas Rule of Civil Procedure 9(a)(1)-(3). The petition should include your name, the name you wish to use after the change, the basis for the name change (i.e., "marriage" or "name reversion"), and an explanation as to why the name change is proper, i.e., for personal and business reasons, etc. The document should also contain the notarized signature of the person seeking the name change. If you or anyone on your behalf is seeking to have their name changed, you will also need a petition that details the changes you desire. Second, you will need to file the petition with the court and pay the court’s filing fee. For example, the filing fee in the First Judicial District (Benton & Carroll counties) of Arkansas is $165.00. Filing fees do vary from county to county, so be sure to do your homework. Third, if divorce is the basis for the name change, you must notify the petitioner’s former spouse of the filing of the petition in accordance with Arkansas Rule of Civil Procedure 5. This will require that you get an address for the former spouse and serve that person with the petition. Finally, the petitioner will need to attend the hearing on the petition. If the judge finds that the petition is proper, the judge will grant the name change request and enter an order effectively changing the petitioner’s name. Done deal. While this process is straightforward, it is always best to have an attorney review your petition before filing, so that you do not overlook any procedural errors that might get your petition denied the first time around.
Documents You Will Need for Your Arkansas Name Change
In order to successfully file for a name change in Arkansas, specific forms and documents need to be submitted. The process begins with the preparation and filing of the Petition for Name Change, which must be filed with the appropriate county circuit court. This form requires detailed information, including the full birth name of the individual requesting the change, their address, and the birth certificate. Additionally, the reason for the name change must be stated on the form. A filing fee will typically apply; this varies by county.
Along with the petition, an Order of Name Change must also be drafted. This document is signed by the judge after the name change hearing and makes the new name official by ordering the State of Arkansas Department of Vital Records to issue a new birth certificate. A Judgment of Name Change form (also known as the Order for Change of Name) should be submitted as well. This form includes an affidavit with additional identifying information such as the birth date, social security number, and residence at the time of filing.
Identification is required when submitting the related forms; some counties may need a certified driver’s license copy, while others accept photocopies of any U.S. government-issued ID. If a minor is petitioning for a name change, a certified copy of their original birth certificate is necessary, along with the current birth certificate from the vital records office.
Once the forms and documents are prepared, the clerk’s office in your county will typically provide a petition cover sheet. On this cover sheet, you list all the names, dates, addresses, and contact information of parents or guardians, adult children, and adult siblings of the petitioner. Then you file the cover sheet along with the completed forms. Some packages of court documents allow for you to have the correct documents generated for you.
After submission of the forms, the judge will schedule a Court Hearing to consider the name change. A certified copy of the name change judgment, once granted, is then requested, along with a certified copy of the birth certificate in the new name.
Publishing Your Arkansas Name Change
Purchasing public notice(s) to publish the legal name change order in a local newspaper is necessary unless you have been exempted from the publication requirement. The purpose of the publication is to give "notice" to the general public. That gives the public the opportunity to challenge your name change with the Court under limited circumstances.
Publication locations are typically within the county where you reside. A few primary newspapers within Arkansas e.g . the daily paper, like the Arkansas Democrat Gazette in Little Rock, and weekly newspapers are all possible locations where your public notice can be purchased. Larger areas usually have multiple choices, including other smaller newspapers that are not necessarily considered the "main" paper.
The only exemptions to publication are military personnel and for persons 18 years of age or older who have been declared mentally incompetent by the Court. These individuals may petition the Court and, if good cause is established, the Court may excuse the publication requirement.
Name Change: How to Update Your ID and Other Records
Once the Order granted by the court is final, generally, the first thing a name change petition should do is try to get an amended Social Security card with his or her new legal name on it. Once that is done, the new legal name can be used to update Department of Motor Vehicle or other state identification, and finally bank accounts, credit cards and other records should be updated to reflect the newly acquired name. After you receive the Order granting the name change, a certified copy is typically necessary in order to complete the name change process. Therefore it is advised to obtain several certified copies of your Order before leaving the courthouse.
Common Questions About Changing Your Name
How long does the name change process take?
As a general rule, an Arkansas name change requires one to three months to complete. Unless your name change is contested, it will likely take from one to two weeks for the Court to sign a name change order following the hearing. The entire process will take longer if the names are not published in the local newspapers.
Do I have to publish my name change in a newspaper?
Except in certain cases involving a change in a minor child’s name or a woman’s married name, Arkansas law requires one to publish their name change in a local newspaper.
What if my name change is contested?
If your name change is contested, the process will be postponed from the initial date set by the Court.
How many people have to attend the hearing?
That depends on what you are asking for in your name change. For an individual seeking a simple name change, you may only need to show up for the hearing.
If you are changing your name as part of an adoption, the parties being adopted will need to testify, as will the party seeking the adoption .
An exemption exists for performing a name change in a divorce decree. In such situations, the names of the parties are changed by the Court without a formal hearing and in most cases, without an appearance before the Court.
Who holds the hearing?
Generally speaking, a Circuit Judge will hold the name change hearing. However, in some Circuit Courts, the name change hearing is held before a Chancery Judge.
Will a name change on my credit report affect my credit score?
No. The use of a different name, such as a maiden name or a divorced name, does not exclude you from having the same credit report. However, changing your name several times can be problematic and may exclude you from opening some credit accounts.
If my name is changed today, when can I begin using it?
You can start using your new name once your name change is filed with the Court. Be cautious, however, before filing your name change in Arkansas. You should first contact a knowledgeable attorney to discuss your potential name change.
