Free North Dakota Petition for Name Change

Eligibility Requirements

Resident of the county where filing for at least 6 months
At least 18 years of age
U.S. citizen or permanent resident alien

How to Legally Change a Name in North Dakota

Step 1 – Determine Background Check Requirement

Depending on the judge assigned to the petitioner’s request, a criminal history record check may be required.^[1] The petitioner should contact the Clerk of District Court before starting the name change petition process to determine if the judge will require the background check.

Step 2 – North Dakota Background Check (If Applicable)

If the petitioner needs a criminal record check, they must complete the Request for Criminal History Record Information Form and send it to the North Dakota Bureau of Criminal Investigation.

Step 3 – Federal Background Check (If Applicable)

The petitioner will also need a federal background check from the FBI. To obtain this, they must complete a fingerprint card and send it with the completed Identity History Summary Request Form, which can be done either online or by mail.

Step 4 – Publish Notice of Petition

Before they can file with the court, the petitioner must publish a Notice of Petition for Name Change in an official county newspaper and wait 30 days.^[2] After 30 days, they can collect an Affidavit/Declaration of Publication from the paper.

If the petitioner wants to change only their first or middle name or is a victim of domestic violence, they may request the court waive the publication requirement.

Step 5 – Complete and File Documents

The petitioner must complete the Petition for Name Change and file it with the district court in their county along with the following^[3]:

Affidavit or Declaration of Publication (if applicable)
FBI and BCI background checks (if needed)
Declaration of Petitioner
Confidential Information Form
Order Granting Name Change
Declaration of Petitioner: Criminal History Record Checks and/or Objections (if needed)

Step 6 – Hearing and Background Check (If Applicable)

In some cases, the judge may schedule a hearing to review the submitted documents with the petitioner. The judge may also determine that a criminal history record check is required after reviewing the documents. If this is the case, the petitioner will need to complete the check and file the Declaration of Petitioner: Criminal History Record Checks and/or Objections (if needed) with the court.

Step 7 – Request Certified Copies

When the name change is granted, a copy of the Order Granting Name Change will be provided to the petitioner. The petitioner should request certified copies of the Order, as well as the Confidential Information Form, to submit to North Dakota Vital Records and other agencies to update their name.

Marriage and Divorce

Anyone can change their surname through marriage by entering the new name in the designated space on the marriage license application, which can be obtained at any ND County office.^[4]

An individual may request that the court restore their former name during a separation of marriage as part of the final divorce judgment or decree.

Resources

Forms

*The ND Legal Self Help Center forms are not official court forms, and it’s not guaranteed that courts will accept them.

Links

North Dakota Petition for Name Change