Legal Name Changes In Florida
Whether you are starting a new chapter after divorce, changing your name for personal or professional reasons or seeking a new surname for your child, Florida law requires specific court procedures. Even a small mistake can delay the process.
At Weiner & Weiss, LLC, in Boca Raton, our family law attorneys help clients navigate name changes with careful attention to the details of each case.
Types Of Legal Name Changes In Florida
Florida law provides different procedures depending on whose name is changing and the circumstances behind the request. The process differs for adults, former spouses and parents seeking to change a child’s name.
Name Restoration In Divorce
If you want to return to a former or maiden name during your divorce, you can ask the court to restore your name as part of the divorce case. A separate name change petition is not required.
Adult Legal Name Change
If you want to change your own name outside of divorce, you can file a petition for change of name in Florida. The petition must include information required by law and confirm that the request is not intended for an unlawful purpose or to interfere with another person’s property rights.
Minor Child Name Change
A parent or guardian may seek to change a child’s name. If both parents agree, they can provide consent. If only one parent files the petition, the other parent generally must receive formal legal notice, and the matter may require a court hearing.
The Florida Judicial Process
The name change process involves several steps, from filing the petition through the court hearing.
- Prepare and file the petition: The petition is filed in the appropriate Florida county and provides information about your current and former names, residency and other details required by law.
- Complete fingerprinting and the background check: Most name change petitions require fingerprints for state and national criminal history checks through the Florida Department of Law Enforcement (FDLE) and the FBI. Former name restoration during divorce is an exception.
- Verify your petition: You must confirm that the information in your petition is true and that you are not seeking the name change for an unlawful purpose.
- Attend the court hearing: The judge reviews the petition and required information before deciding whether to grant the name change. In a contested child name change, the court may also consider the other parent’s position.
If the judge approves the request, the court enters an order changing the legal name. The clerk then handles certain required reports to state agencies, including Florida Vital Statistics when applicable.
When Can A Name Change Be Denied?
A court may deny a petition that does not meet Florida’s legal requirements. This can include requests intended to avoid creditors, evade criminal prosecution, commit fraud or interfere with another person’s property rights.
What Happens After Your Name Change Is Approved?
A court order does not automatically change every record. You may need to update your Social Security records, Florida driver’s license, passport, financial accounts and birth certificate when applicable.
Florida law also requires a person who changes their legal name to obtain a replacement driver’s license or a replacement identification card within 30 days.
Clear Guidance. Careful Execution.
Weiner & Weiss, LLC takes a hands-on approach to name changes, helping clients address the details involved in the process. As part of our family law practice, we help clients navigate matters that can affect their families, legal records and daily lives.
Attorney Gary D. Weiner brings more than 40 years of Florida family law experience, while attorney Scott M. Weiss brings more than 20 years of South Florida practice. Both attorneys provide direct cell phone access seven days a week, including weekends and holidays.
Discuss Your Name Change With A Florida Family Lawyer
A legal name change can affect your identification, financial records and professional life. Weiner & Weiss, LLC, can review your circumstances, explain the requirements that apply to your case and help you prepare for the next step.
Call 561-935-5529 or contact us online to schedule a consultation with a Boca Raton name change lawyer.