South Dakota Petition for Adult Name Change

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A South Dakota petition for adult name change is a legal form through which an individual requests a court order to change their name. The document records the petitioner’s personal information, the name change reason, and that the petition is being submitted in good faith. It also states if the petitioner requires protective measures during the name change process.

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South Dakota Petition for Adult Name Change

Last updated November 25th, 2025

A South Dakota petition for adult name change is a legal form through which an individual requests a court order to change their name. The document records the petitioner’s personal information, the name change reason, and that the petition is being submitted in good faith. It also states if the petitioner requires protective measures during the name change process.

Eligibility Requirements

  • Must have lived in the filing county for at least 6 months
  • Must be at least 18 years old
  • Minors require parental consent

How to Legally Change a Name in South Dakota

Step 1 – Prepare Filings

To begin the name change process, the petitioner must complete the Petition for Adult Name Change and Case Filing Statement. The Petition must be signed before a notary public or clerk of court.

Step 2 – File with Clerk

Both documents must be filed with the clerk of court’s office of the petitioner’s county of residence.[1] At the office, the petitioner should schedule a court hearing (approximately six weeks from the filing date), complete a Notice of Hearing, and file it with the clerk.

Step 3 – Notify Public

The petitioner must publish the Notice in a legal, local newspaper once a week for four weeks.[2] The newspaper will give the petitioner an Affidavit of Publication, to be filed with the court. If the petitioner is a victim of human trafficking or domestic abuse, the publication requirement can be waived.[3]

Step 4 – Go to Hearing

The petitioner must fill out the Order for an Adult Name Change, make copies, and bring them with a birth certificate and ID (if they have changed their name before) to the hearing. If the name change is approved, the judge will sign the Order and file it with the court clerk.[4]

Marriage and Divorce

Court approval is not required to change a name for marriage or divorce. When applying for a marriage license, individuals may choose which name will show on the marriage certificate. In a divorce, individuals may ask that their former name be restored on the divorce decree.

Marriage certificates and divorce decrees serve are as legal proof of an individual’s name change and are accepted by government agencies to update records.

Sources

  1. §21-37-3
  2. §21-37-4
  3. §21-37-5.2(3)
  4. §21-37-5