HOW TO LEGALLY CHANGE YOUR NAME
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As life goes by and changes, people find themselves, for many reasons, be it marriage, divorce, or estrangement from a parent, or a myriad of other reasons, a desire to change their name. The reasons for name change are usually personal but really not relevant to the actual process, as long as they are not criminal. If you were wondering if the state of Nevada provides process for you to change your name, — they do!
Fortunately, residents in the state of Nevada can change their name under most situations. There is some paperwork that can be a bit confusing. At TheOneLawyer.com, we are here to assist you. We can handle this matter for you. Hiring an attorney to take you through the process can be a cost effective way to start your new beginning. It is a multi-step process to change your name in the state of Nevada and this blog will outline the process.
Filing a petition
Nevada revised statute 41.270 provides a process for Nevadans to change their name. To begin the process, you will need to file a legal document called a “Petition for Name Change” with the Eighth Judicial District Court and pay a filing fee. Your petition will need to include specific information including your prior name, your new name, and the reason that you are seeking to have your name changed. In addition to this information, the petition must also state whether you have any felony convictions. If you do have felony convictions the process does become more complicated. https://www.familylawselfhelpcenter.org/self-help/name-changes/name-changes-for-adults You also need to attach the civil cover sheet with your filing which is a simply form that can be found on the courts website.
Publication requirement
After the Petition for Name Change is filed with the Eighth Judicial District Court, it is required that the petition be published. Practically speaking this means that you must publish the notice in at County newspaper for three consecutive weeks on a weekly basis. If for any reason you feel this could pose a threat to your safety, such as possibly being in a domestic violence situation, you can ask the court to waive this requirement. However, it must pose a threat to your safety or your children’s safety.
Ten days following the final publication, you must determine if there has been any objection filed to your application. This means you must check with the court to determine if someone has filed a legal objection to your request for the name change. If there has not been an objection filed, you can submit what is called a request to the judge to “summarily grant your name change” petition. However, if an objection has been filed, the court will request a hearing. If the court holds a hearing, the court will take evidence from witnesses to make a determination as to whether there’s a good reason to change your name. After listening to the evidence, the court will determine whether there is good cause for the name change and enter an order granting or denying the request.
At the Law Offices Of Laura Payne-Hunt, aka TheOneLawyer.com, we charge a reasonable flat fee of $1,200.00 if no objection is made and there are no felony convictions for name change petitions. We are happy to assist you with this legal process. Please do not hesitate to contact our office for any questions or assistance with any name change petition.
Felony conviction
If you have had a felony conviction you will be required to submit fingerprints as part of the application. If the court does grant the name change petition, the court will then submit a copy of the order with the fingerprints attached to the Central Repository for Nevada Records of Criminal History. This is to prevent someone from simply changing their name and not being able to be located if they have committed crimes. If you falsely advise the court that you do not have a felony conviction, the court will immediately rescind aka revoke the order of name change when the conviction is brought to the courts attention.
Reasons for Denial
Generally speaking, if there is no objection to a name change request and there is no felony conviction, the court will grant the request for name change. The court will only deny the request for name change if they find that there is some illicit purpose for the request. Examples would be attempting to evade creditors or escape law enforcement. The court will not allow a name change request to defraud creditors. In cases of child custody, the courts are sometimes hesitant to change a child’s last name if the child’s parent with the same last name is active in the child’s life and substantially complies with court orders. As a practical matter it is much easier to have an adult name change approved than a child’s name change. The court will frequently ask for a hearing for a child’s name change to assess custodial issues and objections.
Filing a Petition for a Child
One parent can file a petition on behalf of their minor child if the child is 14 years or older and consents to the filing of the petition for name change. There are additional steps required in that you must serve the other parent with the petition by a process server. That allows the other parent the opportunity to file an objection. Therefore, practically speaking, both parents must agree to the name change unless one parent has given up their legal rights to the child. However, the court can grant the name change petition for the child that consents if the child is over 14 and the Court finds good cause has been shown.
Gender Identity Name Change
A common reason for name change petitions are persons who are changing their gender identity. The process is the same as for any other petition for name change. You are still required to publish notice and wait for objections. The court is inclined to grant the request, again, unless there is an illicit purpose or objections in which case a hearing will be held to establish is there is good cause.
Where to File a Petition in Clark County
In Clark County, a Petition for Name Change, whether for an adult or a child, is filed in the Eighth Judicial District Court. There are three ways to file the petition, at least pre-coronavirus. At this time, the Court is not taking in person filings but that may resume in the coming months. You can file the petition in person, when they open, by taking your paperwork to the District Court Clerk’s Office Family Court and Services Division at 601 N. Pecos Road, Las Vegas, NV 89155, before 4:30 pm to be filed in person. You can also mail your paperwork to the Family Court District Clerk’s office with a return envelope for a file stamped copy to be returned to you in which case you would apply for publication and then return the publication proof and petition to the court along with an order to be executed by the court. Finally you can file a petition online through Nevada’s e-file system for an additional $3.50 filing fee.
Court Costs for Filing of Petition
In Nevada, the cost of filing a Petition for Name Change is a $270 filing fee. That can be paid with cash, money order, or a credit card. It cannot be paid with a personal check. You can apply for a fee waiver.
At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are available to assist you with your name change needs at a reasonable cost. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.
At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.
At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.
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