If
you are over 18, you will need to fill out and file the following forms to
change your name:
·Petition for
Name Change
·Order Setting
Hearing
·Notice of
Hearing on Name Change
·Order for Name
Change
·Affidavit of
Inability to Pay (only if you cannot afford filing fees)
The
Petition asks the court to change
your name and schedule a hearing.
The
Order Setting Hearing will be filled
out by the judge and will tell you when and where your hearing will be
held.It will also tell you how you
should notify the public about your hearing.
The
Notice of Hearing on Name Change
will be filled out by the judge or the clerk of district court.You will need to publish the notice in the
newspaper or post it in three public places to notify the public about your
hearing.
The
Order for Name Change will be filled
out by the judge.The Order will grant
your name change and will order changes to your birth records.
The
Affidavit of Inability to Pay asks
the court to waive filing fees in your case.If you can not afford to pay the filing fees, ask your clerk of district
court for an affidavit of inability to pay. This form may be called something
else in your district.
What Words Do I Need to Know?
Petitioner- A Petitioner is someone who files an action in
court.If you are asking the Court to
change your name, you are the Petitioner.
Notice of Hearing- As the Petitioner, you will be required to give the
public notice of the hearing on your name change.You must publish notice of the hearing in the
local newspaper or, if there is no newspaper in your county, you must post the notice
in at least three public places.You
must bring a receipt or some other proof that you gave notice to the court
before a hearing can be held on your name change.
Who
Can Use the Form?
You
can use these forms if you:
·Want to change
your name;
·Are over 18
years old;
·Are not changing
your name in order to avoid debt, hide a criminal record, or for any other improper
reason.
Fill out all the blanks on the Petition
for Name Change.
Sign and date your Petition for Name
Change.
Fill out the judicial district, county,
and caption on all of the other forms (Order Setting Hearing, Notice of Hearing
on Name Change, and the Order for Name Change).The caption looks like this:
2Make Copies
Make one copy of each form after you
have filled them out.
3File Forms at the Courthouse
Go to the Clerk of District Court’s
office in your county courthouse.File
the original Petition for Name Change, Order Setting Hearing, and Notice of
Hearing on Name Change.
If you can’t afford the filing fees, ask
the Clerk of District Court for an Affidavit of Inability to Pay.This form may be called something different
in your county.
Give the Clerk of Court a self-addressed
stamped envelope.Be sure to ask the
Clerk of Court to mail two conformed copies of the Order Setting Hearing to you
after the judge signs it.If you do not
have an Order of Inability to Pay from the judge, you may be charged a fee for
these copies.
Give your copies to the Clerk of
District Court and ask her to stamp them as “Filed”.Keep the copies in a safe place.
4Publish
Notice of the Hearing
When the judge sets a hearing date, you
will get an Order Setting Hearing and Notice of Hearing.The Order Setting hearing will tell you where
you need to publish the Notice of Hearing.
Get a receipt or other proof that your
notice was published.Put it with your
other forms.You will need the proof for
your hearing.
5Fill
out Your Order for Name Change
Fill in all of the blanks that you can on the Order
for Name Change.If the judge gives you
your name change, s/he will sign the Order after your hearing
Make one copy of your filled in Order
for Name Change.
6Go
to Your Hearing
Bring your stamped copies of the
documents you filed with the court.Also
bring your original and copy of your Order for Name Change.
Arrive at the courthouse at least 15
minutes before your scheduled hearing.Dress like you were going to an important job interview.
Check with the Clerk of Court’s office
to find the right courtroom for your hearing.Go to that courtroom and wait for the judge to call your name and case
number.Remember to address the judge as
“Your Honor”.
Be prepared to tell the judge why you
want to change your name.
Important:
Immediately after your hearing, take your signed Order for Name Change to
the Clerk of District Court.You may
want to ask the Clerk for several certified
copies of the order.You will need
the certified copies to get a new driver’s license, birth certificate, and
social security card.
Where
Can I Get More Information?
The
Montana Code Annotated (M.C.A.) contains the law on changing your name.The laws related to changing your name can be
found in Title 27, Chapter 31.The
M.C.A. can be found at your local library or on the Montana State Law Library
website at www.lawlibrary.mt.gov.Click on the “State Laws” option near the top
of the page and select “MCA” from the list.
Where
Can I Get Legal Help?
These organizations may be able to help you:
Montana Legal
Services Association (MLSA)
gives free legal help to low and moderate-income people. To find out if
you qualify for MLSA, call the MLSA HelpLine at 1-800-666-6899.
The State Bar Lawyer Referral and Information
Service (LRIS) refers people to
Montana
lawyers who might be able to help. The referral is free. Call LRIS at
1-406-449-6577.
The State Law Library can help you find and use legal resources such
as books, forms, and websites. You can visit the Law Library website at www.lawlibrary.mt.gov. Or you can
contact a Reference Librarian at 1-406-444-3636 or by email at mtlawlibrary@mt.gov
________________________________
Your name
________________________________
Your mailing address
________________________________
CityStateZip
________________________________
Your phone number
Petitioner Pro Se
Montana _______________ Judicial District
Court
Number of the judicial district where you are filing
_____________________County
Name of the
county where you are filing
In the Matter of the Name
Change of
__________________________:
Your name now
__________________________
Petitioner
(your name now)
Cause No.:
_________________
Dept. No.:
__________________
Filled out by Clerk of District Court
Petition
for Name Change (Adult)
I
would like this Court to change my name.(Montana Code Annotated27-31-101)
I am not changing my name
to avoid debt, hide a criminal record, or for any other improper reason.
8Notice of Hearing
I will put a notice of the hearing for my name change
in a newspaper published in this county.The notice will appear one day each week for 4 weeks in a row.If there is no newspaper published in this
county, I will post a copy of the notice in at least 3 public places in this
county for 4 weeks in a row.
I respectfully ask this Court to:
1.Change my name;
2.Schedule a
hearing to decide this matter;
3.Order any other
relief the Court decides is just and proper.
Date: Petitioner’s
signature: ___________________
mm/dd/yyyy
Sign
here
Print name: ___________________________
Montana _______________ Judicial District
Court
Number of the
Judicial District where you are filing
_____________________County
Name of the
county where you are filing
In the Matter of the Name
Change of
__________________________:
Your name now
__________________________
Petitioner
(your name now)
Cause No.:
_________________
Dept. No.:
__________________
Order
Setting Hearing
This
Court orders:
Name
Change Hearing
The hearing on the Petition for Name Change filed in
this case is set for:
·Date:
mm/dd/yyyy
·Time:
·Place: CountyCourthouse
county name
Notice
of Hearing
Choose One:
The Petitioner must publish
notice of this hearing in the (name of newspaper published in your county)
__________.Before the hearing is held, the notice must
be published for four weeks in a row.
or
No newspaper is published
in this county.Before this hearing is
held, the Petitioner must post notice of the hearing in the following three
public places for four weeks in a row:
1._____________________________
2._____________________________
3._____________________________
Date: _____________
DISTRICT
COURT JUDGE
Montana _______________ Judicial District
Court
Number of the
Judicial District where you are filing
_____________________County
Name of the
county where you are filing
In the Matter of the Name
Change of
__________________________:
Your Name now
__________________________,
Petitioner (your name now)
Cause No.:
_________________
Dept. No.:
__________________
Notice
of Hearing on Name Change
This is notice that Petitioner has asked the District
Court for a change of name from
(your name now:) _______________________________________________________
FirstMiddleLast
to
(name you want:)_____________________________________________________
FirstMiddleLast
The hearing will be on (date) ______________ at (time)_____________
a.m./p.m.
mm/dd/yyy
The hearing will be at the Courthouse in (county:) _______________________County.
Date: _____________
Clerk
of District Court
By:
Deputy
Clerk of Court
Montana _______________ Judicial District
Court
Number of the
Judicial District where you are filing
_____________________County
Name of the
county where you are filing
In the Matter of the Name
Change of
__________________________:
Your name now
__________________________,
Petitioner (your name now)
Cause No.:
_________________
Dept. No.: _____________________
Order Changing
Name
A
Petition for Name Change was filed in this case.A hearing was held on
to (new
name:)____________________________________________________
FirstMiddleLast
2Changes
to Birth Certificate
Check one:
Montana Vital Statistics
(MVS) will change the Petitioner’s birth record to show this name change.MVS will line through the old name, type the
new name above the old name, and stamp “ALTERED” on the birth record.
or
Montana Vital Statistics
(MVS) will create a new birth record only showing the Petitioner’s new
name.MVS will put the old birth record
in a sealed file which can only be opened by court order.
or
Petitioner was not born in Montana.
Date: _____________
DISTRICT
COURT JUDGE
User Survey- Name Change Adult
Please fill out the
following survey.If you prefer to take
an online survey, you may do so at the following web address:
Your answers will be used to
make our forms better.We thank you for
taking the time to answer these questions.
1.Are you:
Representing yourselfA lawyerA judge
A paralegalA court clerk
Other: _________________
2.Were the forms and instructions legally accurate?
YesNoDon’t know
If
no, please explain or provide comments directly on the forms and instructions.
3.If you are representing yourself, did anyone help you fill
out the form(s)?
YesNo
If
yes, who helped you?
Legal ServicesPrivate lawyerCourt staff
ParalegalClerk of CourtSelf-HelpLawCenter
Other: _________________
4.Are
there any words or terms in the form(s) that you, or someone you know, might
not understand?If so, please list those
words.
5.Are
there any blanks on the form(s) that you, or someone you know, might not know
how to fill in?If so, please describe
any problems you had filling out the forms.
6.When you filled out the form(s), was it (Choose One):
Very easyEasyHardVery hard
7.Did you read the instructions for your form(s)?
YesNo
8.Are
there any words or terms in the instructions that you, or someone you know,
might not understand?If so, please list
those words.
9.Do
you understand the steps explained in the instructions?If not, what did you find confusing?
10.When
you read the instructions, were they (Choose
One):
Very clearClearConfusingVery confusing
11.Please
give us any other comments you might have.
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