Rochester Minnesota Name Change Attorney

Name Change Lawyer Minnesota

Name change is a court procedure where a petition is presented to the Court requesting that the Petitioner’s name be changed. It is not necessary to file a name change petition if the change occurs due to marriage or divorce, as the laws of the State of Minnesota allow a person to change their name through the marriage license or the divorce decree. A change of name under any other circumstances will require court action.  A Minnesota Name Change Attorney can assist you with evaluating your issues and making an informed decision.
Name change requests can be divided in two categories:

• Name change for adults
• Name change for minors

Name Change for Adults

To apply for a name change, each applicant must:

• have lived in the State of Minnesota for at least six months;
• file the Application for Name Change in the county in which they presently live;
• be at least 18 years of age;
• pay the civil filing fee and certified copy fee (a fee waiver may be available); and
• bring two witnesses to appear in court.

The name change will not be granted if the application is not made in good faith or there is any intent to defraud or mislead anyone by the change of name.  It is also very important to note in the application all the real estate that you currently own.  A proper legal description of the property is crucial so that there is no question of ownership once the name change has been granted.

As part of the application, the court may conduct a background check on the person who is seeking to have his/her name changed. Furthermore, if the person who is applying for a name change has a felony conviction, he/she must serve notice of the name change request to the prosecuting authority who obtained the conviction.  Failure to do so will result in denial of the application.

Burden of Proof if Prosecutor Objects to the Name Change

If the prosecutor objects to the request for a name change, then the burden is on the applicant to prove that the request is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to a person, and will not compromise public safety. Alternatively, the petitioner must show that failure to allow the name change would infringe on a constitutional right of the person asking for the name change. A Minnesota Name Change Attorney will be very helpful in making this case before the Court.

Name Change for Minors

To apply for a name change on behalf of a minor, each applicant must:

• have lived in the State of Minnesota for at least six months;
• file the Application for Minor Name Change in the county in which the minor presently lives;
• the APPLICANT must be at least 18 years of age (a parent, legal guardian or next of kin files on behalf of a minor);
• pay the civil filing fee and certified copy fee (a fee waiver may be available); and
• bring the minor child and two witnesses to appear in court.

The name change will not be granted if the application is not made in good faith or there is any intent to defraud or mislead anyone by the change of name.  Again, it is also very important to note in the application all the real estate the minor owns. A proper legal description of the property is crucial so that there is no question of ownership once the name change has been granted.

Minnesota Statutes also state that no minor child's name may be changed without both parents having notice of the pending application of change of name.  The applicant must show proof that the non-applicant parent has received notification of the request. Minor name changes come up most often when there is a fallout in a relationship and one party tries to change the minor’s last name to match theirs. Minor name changes can be difficult to obtain if the non-applicant parent voices an objection to it. A Minnesota Name Change Lawyer can be helpful in representing you in these cases.

Other Issues to Consider When Asking for a Name Change

After your name change is granted, you will need to make sure to follow up on these items and make sure that your name change has been recorded:

• Driver’s license or Minnesota I.D. card (must be changed within 30 days)
• Social Security registration
• Voter registration
• State and federal tax authorities
• Insurance companies and pension/retirement company or department
• Social service or other entitlement programs
• Car titles and insurance companies
• Bank and other institutions where you have loans, checking accounts and savings
• Will and other estate planning documents (see your attorney about this and other legal items)
• Credit card accounts and other charge accounts
• Military benefits
• Doctor’s office, dentist, pharmacy and hospital
• Postmaster and mail carrier

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