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)
- Complete the affidavit
- Sign in the presence of a notary public
- 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: ____________________________