Divorce

Legal Name Change in Utah: Step-by-Step Process

General information, not legal advice. Read the full disclaimer.

Short answer: To change your legal name in Utah outside of marriage or divorce, you file a petition in the district court of the county where you live, stating the cause for the change, the proposed name, and that you have been a bona fide resident of the county for the year before filing (Utah Code § 42-1-1). The court then holds a hearing and, if there is proper cause, orders the change. The statute says the court decides what notice, if any, to require before the hearing (§ 42-1-2), so follow the instructions and forms the court gives you. After the order is signed, you update your Social Security, driver license, passport and other records using a certified copy.

Who this guide is for

Anyone in Utah who wants to legally change their name outside the simpler process built into a divorce (which can restore a former name in the decree). This is general information, not legal advice. Court forms and fees change; check the Utah Courts website before filing.

Who can file

  • Any natural person who has lived in the county where they file for at least one year.
  • Not eligible: a person committed to the Utah Department of Corrections or supervised on probation or parole by Adult Probation and Parole (see Utah Code § 64-13-1 and § 42-1-1(2)).
  • Registry: the petition must state whether you're required to register under Utah's Sex, Kidnap, and Child Abuse Offender Registry, and the court may request more information; the Utah Courts instructions say registrants send a specific form to the Offender Registration Program at least 30 days before the hearing.
  • Minors go through a related but separate process, often requiring notice to or consent from both parents.

What the court looks at

The court won't grant a name change to avoid creditors, fines or criminal sentences, to commit fraud, or to adopt a name that is bizarre, unduly lengthy, ridiculous or offensive, according to the Utah Courts instructions. The judge may ask you questions at the hearing.

Steps

  1. Complete the forms through the court's MyPaperwork online tool or the court's PDF forms (the instructions list the current form numbers).
  2. File with the district court in your county of residence, with the filing fee, or ask for a fee waiver if you can't afford it. See How to Ask a Utah Court to Waive Fees.
  3. Follow any notice instructions the court gives you. The statute leaves notice to the court; don't assume a newspaper publication is or isn't required without checking the current court instructions or asking the clerk.
  4. Attend the hearing. Bring ID and your questions answered.
  5. Get certified copies of the order from the court (the court charges a fee).
  6. Update your records: send the certified order and the Amendment of a Record by Court Order form to Utah Vital Records if you want your birth certificate changed (a fee applies, plus an additional fee to seal the old record), and update Social Security, the Driver License Division, passport, banks, employer, and others.

Filing fee

The court's page says you'll be charged a filing fee but doesn't state the amount; confirm the current amount on the Utah Courts fees page or with the clerk before filing.

Frequently asked questions

Do I need a court order to change my name after marriage?

Generally no. Changing your last name to your spouse's name usually goes through the Social Security Administration and the DMV with your marriage certificate.

Is restoring my former name after divorce the same process?

No. A former name can be restored as part of the divorce decree itself without this separate petition.

Do I need to publish a notice in the newspaper?

Utah Code § 42-1-2 says the court orders what notice, if any, is to be given. The court's current instructions for adult name changes don't list newspaper publication, so follow the instructions you receive from the court and ask the clerk about your county.

What if I can't afford the filing fee?

You can request a fee waiver from the court.

Does this process also cover changing a legal sex designation?

The Utah Courts self-help page covers adult name or sex change together; get the current instructions from the court or an attorney.