TN Name Change Laws – An Overview
As with many areas of the law, the frameworks for legally changing your name in the U.S. vary from state to state. In Tennessee, a legally valid name change exists only when there is already a court judgment indicating the desire for the change, meaning that you’ll need to undergo a court hearing and generate legal documents that file intent to change your name with the court. The relevant state statutes fall under the Tennessee Code Annotated.
Any adult or emancipated minor in Tennessee has the right to petition the court to have any name legally changed (Tennessee Code Annotated § 36-2-101). Tennessee Code Annotated § 29-8-101 is the specific statute that covers how to legally change your name in the state.
Essentially , the process for filing your name change goes as follows:
Complete a name change petition, filing it with the appropriate circuit or chancery court.
Wait to receive a hearing date.
Attend your court hearing, where you will be required to present evidence supporting your reasoning for wanting to change your name. Exactly what legal documents you will need to furnish as evidence of good cause will depend on the reasons you plan to provide to the court.
Publish a notice of name change in a local newspaper to give interested parties the chance to intervene if necessary.
Get a certified copy of your name change order, after which you can update all of your records and information, including social security and driver’s license records.
Who Can File for a Legal Name Change?
While you may have the urge to wake up one morning and file a petition to change your name, doing so requires meeting a set of legal criteria first. In Tennessee, there are several requirements that must be satisfied in order to lawfully change your name. The first is that you must be over 18 years of age to file a petition for the name change. If you are younger than 18, you must have your petition filed on your behalf by a parent or guardian, who must also sign the petition. Next, it is important to be a resident of the county in which you file. If you are currently residing in Davidson County, for example, you should file in Davidson County Circuit Court. There are instances where a person may meet residency requirements for name change in a different county depending on their specific circumstances, such as if they may be in witness protection or recently married and moved to a new county. There are certain restrictions on name changes that you should be aware of. For example, while it is not illegal for someone under the age of 18 to legally change their name, they may be restricted from doing so if they are being considered a delinquent juvenile until they turn 18. Furthermore, while changing your name is primarily for the purpose of self-identification and is therefore valid by most standards, it is illegal in the state of Tennessee to change your name for the purpose of avoiding prosecution or legal action.
How to File for a Tennessee Name Change
To file a name change in Tennessee, you will first need to file a petition in your county probate court. The petition should include the following information:
• Your desired legal name
• Your date of birth
• Your county of residence
• Facts to justify your name change (such as relating to marital status, religion or profession, or if this is the same name of a previous spouse, parent or grandparent)
• Your current and previous names; if you are married, your spouse’s name
• The number of children you have, if any, as well as their names and dates of birth
Additional information may also be required, such as if you are changing your name to avoid a previous criminal conviction or to prevent a violent person from finding you.
If you plan on changing the name of a minor child, you will also need to include the child in your petition, obtaining the approval of all the child’s other legal guardians. You need to be able to demonstrate that the name change is in the best interests of the child.
Most Tennessee counties have specific forms that must be utilized in these cases. Many counties make these forms available online, but you should also check with your probate court for any additional requirements. In Hamilton County, for example, Chapter 29, §29.4 requires that "any cost or expense of the change of name shall be borne entirely by the petitioner" and that there should be proof that the change will in fact be for the child’s benefit.
In general, the fee for filing a request for name change of an adult is approximately $200. However, fees vary according to county.
You will need to have your petition signed by the county clerk. The clerk will then issue a notice of the petition, and the petition will be submitted to the probate court. You must also have this notice published in a local newspaper as soon as possible after submitting it to the probate court. The publication of the notice should be within at least one month of your filing for the name change, but you should verify with your local courts about when and where it must be printed.
After 30 days, if there has been no objection to the name change from another party, the judge will most likely grant the name change. It is at this point that the clerk will send out a certified copy of the decree to the petitioner.
If you win approval for the name change, you will need to use the decree obtained through the probate court to obtain new identification that reflects your legal name change. For the Social Security Administration, you will need a certified copy of the order, and you must apply for a new card through your local office. Generally, you can request a new card either through the mail or in person.
Required Documents for Name Change Petitions
The specific documents and information required to legally change your name can vary slightly by circuit or county in Tennessee, but all of the requirements are typically specified by the local rules. Here are some of the most common information and documents that will be required as part of a petition for name change.
SUPPLEMENTAL PETITION (T.R.C.P. 15.05) – Typically, in addition to the petition, a Supplemental Petition will be required, where you will have to provide information about the background of your proposed name change.
PROOF OF IDENTITY – Most of the time you will be required to provide an official government-issued photo ID (i.e., state-issued driver’s license or identification card, military ID, etc.).
PROOF OF RESIDENCY – Often, you will have to provide either the original or a certified copy of an original bill, bank statement, or other deed, mortgage, lease, or utility record indicating your full name and current address.
PROOF OF CRIMINAL HISTORY – You will need to provide a certified criminal history report from the Tennessee Bureau of Investigation (TBI) on yourself. In order to obtain a fingerprint-based criminal background check in Tennessee, applicants must be processed in person. The TBI will not accept notification requests and status requests via e-mail. Affidavit of Non-Involvement with any criminal activity.
PERMIT APPLICATION FEE – You will be required to pay a permit fee, typically by money order.
Tennessee Code Annotated (T.C.A.) § 29-8-107 (2016).
You may also be required to include the following additional information:
• Marital status (i.e., divorced)
• Reason for being divorced in past
• Whether your current name has been changed in the past
• Whether you are currently married
• Whether you’ve ever been shown by a court of law to be mentally incompetent
• If you are currently out on bond for a felony, you will have to advise the Court of that fact
• If you owe child support, you may be required to show proof of arrangements for payment
• If you are registering your name for a business entity, you will have to show proof of formation of the business.
Tennessee Court Hearings and Finalizing Name Change
For individuals who are required to appear for the hearing, it is generally best to arrive 20-30 minutes early to file the application and speak briefly with the lawyer handling the case about what is about to happen. If the applicant has minor children, it is very helpful if the applicant has written down their birth dates, and the entire family addresses when they were born. While you will be in front of the judge only a few minutes, the information in the application is often incomplete or not written clearly enough to determine exactly what is being asked in plain English. The information in the application is a discussion point for the Judge as the applicant testifies, and if you have done the application yourself, you may not remember everything you have written.
At the hearing , the applicant will sit at the attorney’s table. The lawyer will introduce the client and explain briefly why the applicant is requesting a name change. The attorney should ask a few questions about the applicant’s date of birth and why he or she is getting the name change. The client will testify to the name change. After this brief discussion the Judge will usually grant the request, and sign the order right there. If there are minor children, the request may be subject to waiting ten days to provide the other parent notice. Another option is to provide notice to any other parent on behalf of a minor child by mail at least ten days prior to the hearing and request the Judge to enter the name change with no waiting period.
The cost of post-judgment name change litigation is generally $500.00. A simple post-judgment name change as described above may end up costing less than $500.00, or may even be handled for just the court cost ($247.00). The article provided here is a very basic overview of the name change process.
Updating Legal Records Due to a Name Change
The process of changing your name legally does not automatically update your name on all of your legal documents. The reason behind this is that various institutions, such as the DMV and the Social Security Administration, have their own separate processes for name changes. After completing the procedure to legalize your name change with the courts, you will need to then go through the important step of changing your name on all of your legal documents.
Most importantly to get switched over, however, is your driver’s license/ID card and your Social Security card. You must present the court order when submitting your request for a new Social Security card and a new driver’s license. They usually will accommodate these needed changes fairly quickly, and very inexpensively.
In addition to your Social Security card and driver’s license, you will also need to update the following: health insurance, life insurance (this will update your beneficiary as well), credit cards, bank accounts, paychecks, utility bills, insurance policies, and online accounts, and any other accounts where you hold contracts. In the case of informing online accounts, this is most easily done through your email address if you list your email when creating the account.
Additional Considerations and Potential Obstacles
There are some special considerations that you should take into account in connection with your name change petition. If you have a criminal background, you need to be aware of the potential consequences. In some cases, if you can demonstrate that the name change is being done purely for purposes of evading the lawful entitlements of creditors or the rights of others, the Court may deny your petition.
Additionally, whether you intend or don’t intend to change your name and this isn’t relevant from a technical standpoint , be aware that your name has value—a value the Court cannot ignore. Be prepared to provide an explanation if you are sought out for an interview or if you have filed a resume somewhere under your old name, but used your new name in the legal proceeding. For the protection of your rights, do not identify the Court, nor anyone associated with the Court, as a potential contact for employment, etc., on your resume. Be cautious and share that information only at the interview.