Name Change Law in South Carolina
In South Carolina, a change of name statute governs the ability of individuals to legally alter their names. The relevant law is S.C. Code Ann. § 15-49-10. This statute sets forth the requirements and procedures for adults and minors wishing to obtain legal name changes.
Generally, the government does not regulate an individual’s legal name absent some compelling reason. When inquiring into the basis for this legal backdrop, one might come across a provision in the code stating, "A person who desires to resume the use of a former name may do so without adopting it in the manner provided for a change of name" (S.C. Code Ann. § 15-49-20). In other words, a name change does not need to be permanent like a tree carving, but can instead be like a lot of things in life—temporary, sometimes fancy, and fun in the right context.
Perhaps more telling about the framework within which a legal name change can occur is S.C. Code Ann. § 15-49-30, which provides that "a party who desires a change of name, whether for himself or to assume the name of another, must present his application in the circuit court in the county in which he resides . " This involve both the necessity of a location—a county and a circuit court—and some degree of formality. Passing the first step of this process requires that one have a good reason to want a new name. S.C. Code Ann. § 15-49-40.
In most change of name matters, the aforementioned simple rule would suffice to explain what was necessary for someone to legally change his name. However, a couple wrinkles in this process arise as the circumstances of the parties change. For example, when an adult wishes to legally change his name, he must provide notice of the change to creditors of all the former names used. This step does not apply to minors undergoing legal name changes, nor does it apply to adult transition-related name changes.
The process for changing your name is overwhelmingly based on notifying others of your name change, so that they can adjust their databases accordingly. This desire for orderly bureaucracy would substantiate a fear that it might be difficult to change your name if you had any sort of criminal background; however, under South Carolina law, you cannot be denied the right to change your name if you haven’t been convicted of a crime and are not currently charged with a crime (S.C. Code Ann. § 15-49-30).
Why Change Your Name Legally
There are a number of common reasons why people choose to legally change their name. The most common reason for legally changing one’s name is marriage. When it comes to legalities, marriage is the simplest. Most marriages "require" that the bride take the groom’s last name, however there are also many marriages where the groom takes the bride’s last name or even hyphenates their last names. Additionally there are many, particularly women, who do not change their last name upon marriage and never run into issues – they simply add their spouse’s name to the end of their name (ex: Jane Smith-Miller, in most cases this woman is not legally known as Miller, she is simply Jane Smith-Miller) or even completely stop using their former last name and only getting called by their new last name. Regardless of which route one chooses, the process for legally changing one’s name remains the same.
Another common reason for legally changing one’s name is divorce. Women have always had the right to return to their maiden name upon divorce; however that right did not stand for men until many years after women were afforded the ability. Today a couple getting divorced can include in their divorce decree directions for their former spouse to return to their maiden name. In fact, for child support purposes in South Carolina the husband must be ordered to pay child support to him if he has children from a prior relationship. The law requires, however, that the child support order must be made payable at the place of business of the parent with primary custody of the minor child. From this provision South Carolina law gives men and women the right to ask the court to allow for the woman to return to her maiden name (ex: Susan Doe may request the court to allow for the change of her name to Susan Smith) at any time during a divorce. If the request is granted, Susan Doe will then be able to go to the Social Security Administration and DMV and request that her name be changed to fit her request.
However names can also be changed during a divorce for more than just the straight forward handling of returning to a maiden name. A husband may choose to take on his wife’s maiden name, which is becoming more common today. There may also be situations where a couple who is divorcing no longer wants to have ties to their former married status and they decide to re-merge their names together. In such a situation, the husband and wife may request, and the court grants, a new name as a way of transcending their past and giving them a new identity.
Another reason to legally change one’s name is because of a marriage split (ex: Steve Smith and Mary Smith separate and upon finalizing their separation case Mary decides to revert to using her maiden name instead of simply distancing herself from her husband Dan Smith by calling herself Mary Doe). Legally a married couple cannot be separated, they are either married or not married no matter what the circumstance. Still, many married people simply use the term "separate" to refer to the relationship between them and their spouse. As a consequence of this practice, a person who is separated and not legally divorced may use their maiden name as their current name. The law allows this anonymous use of your former last name as long as you have not changed your name from your maiden name to your married name and back again through a formal process. When a spouse starts using their maiden name again, the court deems that the married couple has decided to resume their former names and thus no longer be married. Therefore the court allows for people to be separated but not allow for the "legal" name change, which would stop the flow of money and distribution of property.
Another unusual circumstance is that when a language does not match up with the American legal language a foreign born person may change their name to fit. For example, the German word for stranger is Fremder; but when a German citizen moves to South Carolina they stay as a foreigner and the American name for that same term. By using a translator an attorney can make the request to the court for a legal name change and the petition is granted.
The Name Change Process Steps
The first step in the process is to file a written petition at your local family court. Although the petition does not need to be in any specific format, the following guidelines should be addressed: The second part of the process is submitting an Order with your Petition to the Court. This Order is generally referred to as a "Proposed Order". This is an Order that sets out the name change and explains the legal ramifications of this name change. The form generally must be in a particular format. A helpful format to review is found at SCACR 4-3. The Proposed Order should include the signature block with the Formal Court Seal. The name of the person who is filing the Petition should be included at the bottom of the Petition. The third part of the process is to submit an Affidavit to the Court. This is an Affidavit sworn by the Petitioner stating that s/he has not filed for bankruptcy. This is a form that you can provide to the Petitioner before s/he comes to Court.
Appear before the Court. You do not need to be represented by an attorney, and if you choose not to be, you go to Court and explain why you are seeking to change your name. The judge will then sign your Order after hearing the facts.
Documents Needed for Name Change
For a legal name change in South Carolina, the person seeking to make that change should file a written petition with the relevant circuit court. In considering this petition, the Court is provided with the discretion to determine whether there is a sound reason for the name change.
Beyond this petition, the person also needs to include their fingerprints, which will be used for background search. Simply directing the S.C. State Law Enforcement Division to conduct a search is insufficient. The fingerprints must be taken by officials in a format specified by the Division.
In addition, the person should include a criminal history background check from the S.C. Department of Public Safety. However, the Department is only required to conduct this criminal background check if the name change petition is filed in a circuit court that is located in a county that is within fifty mile radius of Columbia.
For a name change for a marginalized individual (i.e. transgender person) and for a person who has been married for at least six months without any other name issues, including pending criminal cases, pending lawsuits, name on license, etc, they do not have to include the S.C. Department of Public Safety background check.
Filing A Petition To Change Name In South Carolina
File the Name Change Petition with the Circuit Court
Once you have determined your ability to file for a name change and whether you need a hearing, the next step is actually filing the name change petition. As discussed in the above section, you file the name change petition in the South Carolina Circuit Court for the county in which you have resided for the past 90 days. For Charleston County, name changes are filed in the Circuit Court at 100 Broad Street.
For name change petitions in Charleston County, SC, there is a filing fee of $35.00 that may be paid by check or money order made payable to "Clerk of Court". Please note that it is my understanding that additional fees are required when paper-clipping the documents together and for copying the Newspaper Notice of Hearing. The Clerk of Court also may impose additional charges related to your name change petition so be sure to clarify any and all charges with the Clerk.
Forms and Paperwork Required for the Name Change Petition
For name changes in Charleston County, SC, a completed "Petition for Change of Name", a signed and notarized Financial Declaration form, and a proposed "Order" is required . You may view and download a current version of these forms from the below links:
Additionally, you may want to get a "Notice of Hearing on a Petition for Change of Name" form. This is an event notice informing the public of the date you will be changing your name. This information is then disclosed in the local newspaper designated for publication of the notice. In Charleston County, this newspaper is "The Post and Courier". Note that you may wish to contact the newspaper to determine additional forms or documentation required to obtain this notice.
After you have filed the name change petition and the notice of hearing, a date will be set and you will need to appear before a judge to have the name change approved. Note that an additional charge of approximately $10 to enter the Order is imposed when the applicant appears before the Court.
If you have any questions or problems while completing the above paperwork, I strongly suggest seeking the assistance of a Charleston lawyer familiar with name change petitions in South Carolina.
Going To Court
The final step in the Name Change Process is a Court hearing. Most of the time you are not required to attend Court when filing a Name Change through the South Carolina Department of Motor Vehicles (DMV). However, any private Petition for Name Change, whether for a minor or an adult, requires Court attendance. Finding out the Judge’s "name change" day or "name change litigation" docket day is the first step in preparing for Court. You need to find out whether the Judge requires a hearing on the Court’s name change day or will rule on the papers. Ask the Clerk of Court or visit the Court’s website to determine the Judge’s procedure, as this could vary from County to County.
In addition to preparing a proposed Order granting your Petition for Name Change, it is advisable to have your talking points in writing in a script format. You may also want to write answers to common questions that the Judge may ask in a simple declarative form. All of this will help when you appear in Court to explain why the Name Change is in the best interests of the Petitioner and society. Here is a potential set of questions that you may hear at Court: Be polite and respectful to your spouse, in-laws, and family members. Do not say anything negative about those individuals. If they fight against your Petition to Change Name, then you should hire an attorney to represent you in Court at the hearing. If you have children, be sure to tell the Judge whether or not the children are involved in this request for a name change. Allowing a child to continue to have the father’s surname, maiden name, or last name of the former spouse is entirely up to the Judge.
After The Name Change Is Granted
After the name change is approved in South Carolina, the first step is to obtain several certified copies of the final order that will show what your new name is. This is the official document that will have to be presented when changing your name at the DMV, Social Security Administration and Passport Office, so it is wise to order several before you actually need them.
A complete name change package will then be necessary to contact all of your personal contacts that will also need to change how they address you. For example, if you are changing your name for marriage, your name will have to be changed with all of your joint assets such as bank accounts, stocks, retirement accounts, insurance policies, etc. Also, other organizations such as creditors, utilities, employers and professional organizations will need to be notified of your new name.
Common Name Change Errors
In the midst of what can be overwhelming emotions, it is easy to cut corners and rush through the name change process. However, in South Carolina, if you skip or misinterpret just one step in the process, you may have to start all over again, not to mention the associated costs in terms of time and money. If you are changing your name because of marriage, be sure you know whether or not you have to file the State of South Carolina Marriage Certificate with any official entities which require notifications of a marriage certificate and where to file. This is especially true if you are out of state. Different states have different requirements. For example, in Virginia, the Virginia Department of Motor Vehicles (DMV) requires that you file your Marriage Certificate within 60 days. In South Carolina , the DMV does not require that you file your Marriage Certificate. A misspelling or typo on your court name change order may also set you back in the process. Be sure to double check your court name change order before you sign it and return it to the Clerk of Court. If you think you may need a certified copy of your birth certificate, marriage decrees or divorce decrees with an official seal, be sure to keep the original or get an unofficial copy for your personal records. Opt to bring along copies of these documents and the Clerk of Court will make any certified copies you may need in their office at the time you file your name change application. If you have not followed the required procedures or would like additional information in a common name change situation, please refer to the article on this website entitled "Guide to Legally Changing Your Name in South Carolina."