Georgia laws allow adults to file for a legal name change for any reason other than fraud. The only way a person in the state can legally change her name without going through this process is to ask that a former name to be restored during the course of a divorce.
The name change process is usually completed approximately two months after the date of filing. In the final hearing, a judge will sign an order granting the person who filed the case, also known as the petitioner, a new legal name. This order can be used to change the name on official documents like driver’s licenses and social security cards.
The Process of Filing for a Name Change in Georgia
All of the paperwork needed to prepare, file and finalize an adult name change in Georgia can be found in this free adult name change packet from the website of the Family Law Center of Fulton County. An individual who is filing in a Georgia county other than Fulton can still use this paperwork as long as he changes “Fulton” to the county in which he is filing. Instructions regarding filling out these documents are included in the free package.
A name change petition must be filed in the Georgia county where the petitioner resides. Filing fees to open a case differ based on the county, but they are generally in the $75 range. People filing for a change of name without the aid of an attorney should call the clerk of the superior court in the county where they will file to determine the exact filing fee.
After the case is filed, the clerk will send a notice of publication to the official legal organ of that county. This notice tells the public that the petitioner is seeking a name change. It must run in a particular paper for 4 weeks. The petitioner is also responsible for paying the publication fee to run the notice. That is generally $80 for the 4-week run. The clerk of court can tell the filer what the exact publication fee will be.
The clerk may also want the petitioner to fill out some specific county forms concerning the publication. If this is the case, she will provide the paperwork that needs to be filled out to the filing party.
What Happens During the Publication Period in a Georgia Name Change
While the legal notice runs in the paper, any member of the public has a right to file objections to the name change request. The court will take these objections under advisement when deciding whether or not to grant the petitioner a name change.
People have a right to respond to the legal notice within seven days of the final publication. If no objections are filed with the court during this time period, the action is considered uncontested.
The newspaper will send the petitioner a copy of the ad and the dates that it ran. The petitioner must file all of this paperwork from the newspaper with the clerk of court. This will allow an order perfecting service to be signed. Once service is perfected, the petitioner can call the court to schedule a final hearing.
What Happens at the Final Hearing Regarding a Georgia Name Change Petition
The final hearing will take place in front of the judge and is largely procedural. The judge may ask a few simple questions based on the documents that have been filed. He will make certain that the notice ran properly under the requirements of Georgia law.
Make sure to bring a copy of the final order to this hearing. It will need to be provided to the judge. After the judge signs the order and grants the legal name change, the order will need to be taken to the clerk’s office and filed. At this time, the clerk may also ask the petitioner to fill out some final case paperwork to close the matter.
Read these articles for more information about simple legal actions and self-representation: Minor Child Legal Name Change Laws in Georgia, How to File to Change the Name of a Minor Child and Self Representation in Court without an Attorney.
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