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Affidavit of Name Change

An affidavit of name change is a signed statement verifying that a person has changed their name. Typically this is used when a court order for a name change is not required, such as following a marriage or divorce.
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Who Signs an Affidavit of Name Change?

Typically the person who changed their name signs an affidavit of name change. However, it’s also possible for another affiant — preferably a blood relative of the declarant, or the person changing their name — to bear witness to the name change.

When to Use an Affidavit of Name Change

An affidavit of name change is used to provide proof of a name change that has already occurred, such as through a marriage or divorce. The following situations might require an affidavit of name change:

  • Marriage
  • Divorce
  • End of a common law marriage
  • Correcting a misspelling on an official document
Affidavit vs. Petition

An affidavit of name change is a sworn statement that must be notarized but does not require a court hearing. Typically an affidavit is used to declare a name change when a person gets married or divorced or is used to correct misspellings on official documents.

A petition for name change, on the other hand, is a document filed in court, which prompts a legal proceeding that aims to prove the applicant is not changing their name for nefarious reasons.

How to Use an Affidavit of Name Change (3 steps)

  1. Complete the affidavit
  2. Sign in the presence of a notary public
  3. Use it to prove a name change without a court order

Sample

AFFIDAVIT OF NAME CHANGE

I, [CURRENT NAME] of [ADDRESS], being duly sworn, depose and say on this date, [DATE]:

1. My previous name was [PREVIOUS NAME];

2. The reason for changing my name is [REASON FOR CHANGE];

3. On [DATE OF CHANGE] I assumed and am now using the name [CURRENT NAME]. I intend to be known and identified by this name;

4. I make this affidavit for the purpose of verifying my change of name. I confirm that this change of name is not for any fraudulent or deceptive purpose and does not infringe on the rights of any other person.

I declare under penalty of perjury under the laws of the State of [STATE] that the foregoing is true and correct.

Declarant’s Signature: _________________________ Date: ______________
Print Name: ____________________________