An Overview of Colorado Name Changes
The ability to change your name is an important human freedom guaranteed by law. Though there are some states that have changed the rules to make it more difficult to change names in order to search out criminal backgrounds more easily, Colorado has not joined their ranks. The Colorado State Government allows most citizens to change their names with relative ease. The process is generally simple but may require some effort and time to finish. In the video above, we explain the process for changing your name legally in Colorado.
The most common reasons a person may seek to change their name include marriage, divorce, separation from a partner, gender change, or dissatisfaction with a person’s legal name . Though the process may stream line some of these reasons, the process remains the same once the decision is made. Every resident of Colorado is entitled to change his/her name if he or she has lived in the state for 12 months prior according to C.R.S. 13-15-101. There are provisions for people living in other jurisdictions to legally change their names in Colorado, but as with most legal matters, the process is slightly more difficult than for residents of this state. In order to start the process of changing your name, you will need to fill out the appropriate court forms and file them with the court clerk. Following this, you can expect a simple process that will culminate with your submission of a background check and a short hearing before the court.
Requirements to Obtain a Name Change
In order to be eligible to file a Petition for Name Change, you have to meet certain requirements. You must be at least 18 years old. You don’t necessarily need to be a Colorado resident, although there are very specific requirements around that. If you are a non-resident, any adult – without the consent of your parents or guardians (unless they have a legal right to make decision on your behalf) – can petition a Colorado court for a name change, so long as you were born in Colorado or the name change will be recognized in your state of origin.
Parents or Guardians (and certain other authorized individuals) can also file a Petition on behalf of a minor child. If you are the parent or guardian of a minor child and wish to file a Petition on his or her behalf, you must meet certain criteria. First, you must be the legal custodian or guardian of the child. You must also have the consent of both natural parents or both adoptive parents if the request is for a birth-related name change. Of note here, if one or more of the natural or adoptive parents has died or the parental rights of that person have been terminated by a court or the child was conceived as a result of a sexual assault (and there was a conviction) then that parent’s consent is not required.
If you do not qualify for a name change under any of the above requirements, you can still file a Petition in a Colorado court if you have been a resident for at least six months prior to filing. In this case, you do not need either of your parent’s consent if you are seeking to attain or regain a former surname based on marriage or divorce. Absent a specific language exception providing for it, Colorado law does not permit the use of a fictitious name. The rationale here is that the statute relating to name changes is intended to affect your legal name and not to allow individuals to adopt a fictitious name.
The Process of Changing Your Name
Name change applicants must complete a petition for a name change and file it with the district court. The court will then set a hearing date before a judge. In addition to some basic forms, the petitioner must include the following: A filing fee is required when the petition and forms are submitted. The amount of the fee varies by county. Following acceptance of the application by the courts, the petitioner must publish an advertisement in the local newspaper with the name and date of the hearing. This is intended to give parties who might oppose the name change the opportunity to appear at the hearing and present arguments against it. The notice must be published once a week for three weeks. If an objection is made at the hearing, the newspaper publication will carry more weight. Some petitions have a subsection that requires fingerprinting by a law enforcement agency as a means of verifying the lack of a criminal record. When the petitioner goes to the hearing, he or she will be sworn in by the judge. In most cases, the judge will approve the name change immediately, although the process can take months if witness testimonies are required.
Filing the Petition
Depending on the county in which you reside, you either must file your petition with the District Court (generally in larger counties) or the County Court (generally in smaller counties). Contact the clerk of the court to find out which court you must file your petition with, if you don’t know already.
The clerk’s office will inform you if there is a standard form used in that jurisdiction or if your petition needs to be drafted as a motion. If they use a motion form, more than likely you will be charged for drafting costs. That being said, filing fees are somewhat substantial, depending upon that court’s dollar amount for supposed "publication" costs (see below).
In Colorado, the person who is changing his or her name must file a verified petition that provides specific information regarding the person who is changing their name and their reason for the name change. As set forth in CRS 13-15-101, the petition must include:
a.The real Christian and surname of the person whose name is sought to be changed;
b. His age;
c. His residence, stating the county and, in the city or town, the street and number, if any;
d. That the person has been a resident of the state for not less than one year next preceding the application; except when the person is a nonresident of the state, and is a resident of some other state or country, and only temporarily in this state, the petition may be made by him or in case of his minority, by his guardian or next friend, setting out the circumstances which render it proper that the name should be changed;
e.That there is no subsisting judgment or lien against him for the payment of money;
f.A statement of the reason or reasons for desiring such change of name, and the given name or names in which it is desired that the person shall be known, omitting the surname;
g.Where the person is a woman married but separated from her husband, she must state whether her husband has given his consent to the change of name.
h.The name of the father of the person, if living, and if dead, the name and place of residence of the next of kin of the person whose name is sought to be changed.
You must also pay for the cost of the publication. The Clerk of Court will publish the petition for name change in a legal newspaper in the county where you reside, usually once a week for three consecutive weeks. Don’t worry – you can skip two papers if you want; the laws do not require that you actually publish the name change in three (3) separate newspapers (even though the legalities state that they do). Full costs of the publication will be charged to you and must be paid into the registry of the court at the time the order is entered.
Attending the Hearing
Once you have filed your name change petition with the Colorado District Court, and the court has allowed you to publish the notice(s) in a local publication, you are prepared to proceed with the Hearing. The hearing usually takes place before a designated probate judge, but occasionally may be held before a magistrate. For all intents and purposes the hearing should feel informal (as compared to a criminal court hearing or trial), but formal enough that you feel comfortable dressing for the occasion – business casual at a minimum. This means no pajamas or sweat pants. Ladies, try to avoid something you would wear to the night club or a wedding. Guys, avoid your favorite Giants jersey or wearing shorts. That being said, if you can’t easily find it in the closet, don’t worry about what you wear, just show up. The judge will probably ask you a few questions. The first one , if you are changing your name because of immigration or religious beliefs is why you are changing your name. The next question relates to whether you have any outstanding debts or garnishments or child support, and the last question is whether you are making this change to avoid the consequences of a crime. Make sure you know the answer, so you’re not caught off guard. The judge won’t stop with those questions. If you’ve included an adult consent form (someone in your family or another loved one), you may be asked to confirm that you’ve received their consent. If you are changing your name to avoid arrest or prosecution, your attorney should have instructed you on what to do. Do not proceed with the name change until after your arrest or prosecution has cleared or you may face serious criminal consequences. Staying positive and ignoring the judge’s skepticism (if any) and prudence, your name will be changed! Congratulations!
After Approval of the Name Change
Once a name change is granted, there is still more to do before your name change becomes official. The next step is to obtain a certified copy of the Decree of Name Change from the District Court where it was signed. You should be able to do this by simply going to the clerk’s office in your District Courthouse and requesting a certified copy of the Order. A small fee will be collected to cover the cost of the certification. You must also contact any required agencies (such as the Department of Motor Vehicles (DMV), Social Security office, or passport office) relative to changing the name on various forms of identification. Many agencies require a certified copy of the Decree of Name Change before a name change can be issued. Therefore, it is important to check requirements for name changes with each agency before attempting to change such information on your records.
After it is granted, a Decree of Name Change takes effect thirty days after entry with the exception of a birth certificate name changes. The Decree becomes effective the date the name change is mailed to the State Office of Vital Records.
Commonly Asked Questions
Q: Do I need a lawyer to file a name change in Colorado?
A: No. You can do it yourself. In fact, many Colorado residents do. A standard name change does not require any complicated legal work. However, if you have a criminal record, it may be smarter to hire an experienced lawyer who can help you avoid pitfalls in the process.
Q: How long does a name change take in Colorado?
A: It’s very case-dependent. If you don’t have any criminal record or other issues that require additional paperwork, you might be looking at a few months from start to finish. If you do have issues, it could take much longer.
Q: Is a name change expensive in Colorado?
A: At its core, a name change is not expensive. Typical filing fees should be under $100 in Colorado. However, additional record availability and publication costs may increase the price. On the other hand, you could save by completing the whole thing yourself.
Q: I have a felony. Can I still change my name in Colorado?
A: Yes. However, Colorado Revised Statutes (C.R.S.) 13-15-101 requires some extra legwork to get a court order – along with a hearing – to change your name. Fortunately, C.R.S. 13-15-102 outlines the process for those with felony convictions. Furthermore, the law allows you to petition a judge to waive your fingerprint requirement and/or publication requirements.
Q: Does a name change affect my financial or legal obligations?
A: No – your debts and obligations remain intact. Your credit, employment agreements and civic responsibilities remain even if your name has changed.
Getting Legal Help
If at any point during the name change process, you find yourself in over your head, consider seeking legal aid. Eligibility requirements vary depending on the state, but requirements are generally based on income or the nature of the legal issue presented. For example , HERE is a link to the Colorado Legal Resource Center prepared by the Colorado Supreme Court.
You may also find help through websites like the National Association of Legal Secretaries (NALS). When you visit their website, you’ll be able to work with the attorney locator tool. Simply enter your zip code to find a certified paralegal or legal assistant.