Cecily Zamora
Massachusetts residents have the right to change their names, and this can be done for any reason, as long as it is not fraudulent or for other illegal reasons. The process of changing one's name in Massachusetts depends on the specific case and circumstances. While marriage and divorce are common reasons for a name change, individuals can also change their name through a court name change proceeding. This typically involves filing a Change of Name Petition with the Probate and Family Court and providing supporting documents. The cost to file for a name change is $180, including the base filing fee, surcharge, and citation fee.
| Characteristics | Values |
|---|---|
| Recognition of name change using common law | Yes, Massachusetts recognizes name changes using common law, as long as it is done for an "honest purpose" and not for fraudulent or illegal reasons |
| Requirements for legal name change | A court order showing the legal name change, a criminal record check, and a check for outstanding court cases, warrants, and restraining orders. A publication in a local newspaper is also required, which incurs a separate charge |
| Cost of name change | The total filing fee for a court petition to change one's name is $180, including the base filing fee ($150) and surcharges ($30). The fee may be paid by money order, personal check, or credit card |
| Documents required | Current name, address, date and place of birth, name(s) of any spouse and children, reason for name change, and new name. A certified copy of the birth certificate and marriage certificate may also be required |
| Time taken for name change | Typically two to three months, including the time to publish the name change in the news. The timeline may be longer if there are legal complications |
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Marriage and divorce
Marriage
In Massachusetts, a person can adopt any surname when getting married. This can be done by filling out an application for a marriage license and listing the new name. Once the marriage certificate is issued, it serves as proof of the name change. To obtain a marriage license, both parties must appear in person at the city or town clerk's office and complete the marriage intention form. The process cannot be done online or by mail. Both parties must provide valid photo identification, such as a passport, state ID, or driver's license.
If the new name is not included on the marriage license, or if the name change is not facilitated by the marriage license, a name change petition must be filed. This process involves completing a "Petition to Change Name of Adult" and submitting it to the Probate and Family Court in the county of residence. The filing fee for a name change petition in Massachusetts is typically $150, with a potential surcharge of $15 and a citation fee of $15, totalling $180. After filing the petition and the appropriate documents, notice of the intention to change one's name must be published, followed by a court hearing to approve the name change.
Divorce
Massachusetts law allows a family court handling a divorce to change the divorcing wife's last name back to her former name. The court can include this name change in the final decree of divorce, which then becomes proof of the legal name change. If the name change was not requested within the divorce petition, a fee of $100 is required.
In the case of a name change during divorce, other documents may be required, such as a certified long-form birth certificate and a certified divorce judgment. These documents support the Change of Name Petition, which must be filed with the Probate and Family Court. As previously mentioned, the filing fees for a name change petition in Massachusetts total $180.
It is important to note that a court can refuse a name change if it is deemed "inconsistent with public interests." Additionally, a name change through marriage or divorce does not automatically update one's birth certificate. To change the name on a birth certificate, one may need to follow a separate process, which may vary depending on the state or country of birth.
After a legal name change, it is essential to notify various agencies and organizations, such as the Social Security Administration and the Department of Transport's Registry of Motor Vehicles, to update one's social security card, driver's license, or other identification cards.
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Gender marker
In Massachusetts, a person can change their name and gender marker on state and federal documents. This includes birth certificates, driver's licenses, passports, and social security cards. The process for changing one's name and gender marker can vary depending on the reason for the change and the specific documents being updated.
For example, when changing one's name due to marriage, one can simply fill out an application for a marriage license with their new name. The marriage certificate then serves as proof of the name change. On the other hand, if one is changing their name for reasons other than marriage or divorce, such as due to a gender transition, Massachusetts has a petition for a name change process. This typically involves filling out specific forms, such as the Court Activity Record Information (CARI) and Warrant Management System Release Request Form (CJP 34), and may include a criminal records check.
Regarding gender marker changes, Massachusetts law allows individuals to request a change in the sex designation on their birth records to options including "female", "male", or "X". This change can be made by individuals aged 18 or older, emancipated minors, or the parent or guardian of a minor. Notably, no medical or healthcare-related documentation, court order, or proof of name change is required for this amendment.
To facilitate these changes, Massachusetts offers various resources, such as the MTPC's Identity Document Assistance Network (IDA Network). This network provides guidance, support, and financial assistance to trans, non-binary, and gender-expansive individuals seeking to update their legal names and gender markers on federal and state documents. Additionally, the Namesake platform, built by the trans and non-binary community, offers free access to Massachusetts trans and non-binary residents, providing assistance with name change paperwork and guidance on initiating the process.
It is worth noting that while most cases do not require legal representation, individuals can seek legal advice and support from Massachusetts attorneys if needed.
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Court proceedings
In Massachusetts, a person can change their name by common law without resort to legal proceedings, by merely adopting another name, provided that this is done for an honest purpose. However, to obtain official documents such as a driver's license, passport, or social security card with the new name, one must go through a court name change proceeding.
To change your name in court, you must file a Change of Name Petition with the Probate and Family Court in the Massachusetts county where you live. This petition is a formal request for the court to allow you to change your name. It requires the name(s) of any spouse and children of the petitioner, the reason for the name change (which must be considered valid by the court), and the new name the petitioner wishes to take.
Supporting documents must also be filed with the petition, including a certified copy of the long-form birth certificate of the petitioner. If the petitioner has changed their name before through marriage, they must also include a copy of their marriage certificate. The total filing fee for a court petition to change your name is $180, including the base filing fee ($150), a surcharge ($15), and a citation fee ($15).
The process for changing a minor's name is similar, but there are additional considerations. Both parents typically need to consent to the name change unless one parent is deceased or their rights have been terminated. If one parent objects, they can make an argument to the court as to why the court should deny the name change petition. A criminal record check may also be required if the child is of a certain age.
Massachusetts offers fee waivers through the Indigency program for those facing economic hardship, with low household income, or receiving certain public assistance.
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Valid reasons
In Massachusetts, a person may change their name at will, without legal proceedings, by merely adopting another name, as long as it is not for a dishonest or fraudulent purpose. This is also known as changing one's name by common law.
- Marriage: The main reason most people change their names is due to marriage. Massachusetts law allows individuals to adopt any surname when getting married. This can be done by filling out an application for a marriage license and listing the new name. Once issued, the marriage certificate serves as proof of the name change.
- Divorce: A name change can also occur during the divorce process in Massachusetts. The family court handling a divorce can change the divorcing spouse's last name back to their former name. The divorce decree then becomes proof of the legal name change.
- Adoption: Individuals may change their names as part of an adoption process.
- Parentage judgment: Name changes can be associated with parentage judgments.
- Personal preference: A person may change their first, middle, or last name simply because they prefer a different name.
- Show business purposes: Some individuals may change their names for show business purposes.
It is important to note that while Massachusetts recognizes common law name changes, some official documents, such as a driver's license, passport, or social security card, may require a court-ordered name change decree or other legal proof of name change. Additionally, a criminal record check and a check for outstanding court cases, warrants, and restraining orders will be conducted for all name change petitioners over 7 years old.
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Official documents
In Massachusetts, residents have the right to change their names as long as it is not done for fraudulent or illegal reasons. While the state historically allowed its residents to change their names freely, the modern process is more complicated and requires some form of proof.
To change your name legally as an adult in Massachusetts, you need to go through a court name change proceeding. Names can also be changed as part of a marriage, divorce, adoption, or sometimes a parentage judgment. If you get married, you can adopt any surname by filling out an application for a marriage license and listing your new name. The marriage certificate then serves as proof of the name change.
If you are changing your name for any other reason, you must file a Change of Name Petition with the Probate and Family Court in the Massachusetts county where you live. The form requires you to disclose your current name, address, date and place of birth, the names of any spouse and children, the reason for the name change, and the new name you wish to take. The reason for the change must be considered \"valid\" by the Court, meaning that a person cannot seek a name change for fraudulent reasons. The total filing fee for a court petition to change your name is $180, including the base filing fee, a surcharge, and a citation fee. If you are changing both your name and your child's name, one filing fee can cover both petitions.
Once you have obtained a court order showing your legal name change, you will need to visit a Social Security office to obtain a new Social Security card. To change your name on your driver's license, you must go to a Massachusetts Registry of Motor Vehicles (RMV) Service Center to have a new photo and signature captured. To amend your birth certificate, you can do so in-person in Dorchester, MA, or by mail. The cost to obtain an amended birth certificate is $70 in-person and $82 by mail.
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Frequently asked questions
To change your name legally in Massachusetts, you need to go through a court name change proceeding. You can file a Change of Name Petition in person, by mail, or online. The form requires you to disclose your current name, address, date and place of birth, any former names, and the reason for your name change. The reason must be considered "valid" by the Probate and Family Court, which essentially means that a person cannot seek a name change for fraudulent reasons. The total filing fee for a court petition to change your name is $180, including the base filing fee ($150) and surcharges ($30).
The main reason most people change their names is due to marriage. Massachusetts law allows individuals to adopt any surname when getting married. This can be done by filling out an application for a marriage license and listing the new name. Divorce is another common reason for a name change. Massachusetts allows a family court handling a divorce to change the last name of the divorcing individual back to their former name.
To change your name on official documents such as a driver's license, passport, or social security card, you will need a court order showing your legal name change. Additionally, you may need to provide a copy of your marriage certificate or divorce decree as proof of your name change.
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