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Mississippi Name Change Forms | Petition

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Mississippi Name Change Forms | Petition

Updated October 04, 2023

Mississippi name change forms allow a resident to legally change their name. Once completed, the name change petition should be filed with the Chancery Court in the district where the person lives. Name changes involving marriage or divorce do not require a petition.

Name Change After Marriage

Individuals may adopt their spouse’s surname or conjoin their last names when getting married in Mississippi. To do this, they must indicate the name change on their marriage certificate application. Once the marriage license has been filed with the couple’s local Circuit Court Clerk, they will receive a certified copy of their marriage certificate, which can be used to update their various registrations and accounts.

To obtain additional certified copies of the marriage certificate, contact the state’s Vital Records Office or the Circuit Court Clerk in the county where the license was issued.

Name Change After Divorce

If an individual wishes to change their surname while going through a divorce, they must make a request to the court handling the case by indicating the name change on the marital settlement agreement and divorce petition. The name change will be included in the divorce decree when the divorce is finalized. With this document, the person can prove their legal name change and use it to update their IDs and records.

For certified copies of the divorce decree, contact the Chancery Clerk in the county where the divorce was granted.

How to Change Your Name (8 steps)

  1. Review Requirements
  2. Complete Petition for Change of Name
  3. Notarize Petition for Change of Name
  4. Complete Civil Cover Sheet
  5. Gather Documents
  6. File Petition at Local Chancery Court
  7. Pay Filing Fee
  8. Attend Hearing (If Required)

1. Review Requirements

The Chancery Court must find sufficient personal, religious or political reasoning for a name change request that is not for divorce or marriage. Adults in Mississippi, which is anyone 21 years of age or over, may file a name change petition.[1] A petition may not be filed:

  • to avoid a debt
  • to defraud or for malintent
  • by physically incarcerated offenders[2]

A judge may change a formerly incarcerated individual’s name if a petition on behalf of the individual is filed by a district attorney, sheriff, or Corrections Chaplin.[3]

2. Complete Petition for Change of Name

First, complete a Petition for Change of Name, but leave the signature field blank. This form will be used to provide your personal information, the reason for requesting a name change, verification of no outstanding judgments, and your desired name.

3. Notarize Petition for Change of Name

The Petition for Change of name must be notarized. Notaries can be found at most banks, at participating UPS locations, by private notary services, or by notarial services available in the Chancery Court. The notary will require sufficient identification to verify your identity. Once the petitioner has identified themselves and signed the document, the notary will apply their signature and notary seal to the petition.

4. Complete Civil Cover Sheet

In addition to the petition, the petitioner must also obtain and fill out the Mississippi Civil Cover Sheet (AOC/01) and attach it to the front of their packet. On this form, the petitioner must indicate their current name and address, their attorney (if any), and the subject of their petition.

5. Gather Documents

The following documents must be included in the packet:

  • Civil Cover Sheet
  • Notarized Petition for Change of Name
  • Driver’s license/photo ID
  • Proof of address (utility bill, bank statement, government check, etc.)

6. File Petition at Local Chancery Court

Once all of the required documents are prepared, the petitioner must take the packet to the Chancery Court Clerk of the county in which they reside. After giving the documents to the clerk, the petitioner should request a copy of the filed petition. The individual should immediately be given a date for their name change court hearing.

In some cases, the Chancery Court may require the petitioner to provide a completed Name Change Order for the judge to sign upon their decision.

7. Pay Filing Fee

The petitioner must pay a filing fee with a certified check, cash, or money order. The filing fee for a name change is around $150, but the exact amount will vary by district.

If the petitioner cannot afford the filing fees, they are entitled to submit a request called a pauper’s right to waiver of filing fees. It will be up to the court to decide whether the individual’s fees can be waived.[4]

8. Attend Hearing (If Required)

Finally, the petitioner will attend their court hearing at the appointed date and time. In some instances, the court may send the individual authorization of the name change without requiring that the individual present themselves in court.

If there is no objection or cause for refusal of the name change, the court will issue a Name Change Order, which certifies that the name has been legally changed. This court order can be used to update identification and other documents.

Driver’s License

In order to update their driver’s license to reflect a recent change of name, Mississippi residents must visit the local Department of Public Safety office with proof of the name change, such as a court order, marriage license, or divorce decree.

In addition, the individual must bring the following documents:[5]

  • Current driver’s license and vehicle title
  • Birth certificate/U.S. passport
  • Proof of address (utility bill, bank statement, government check, etc.)

Fees and protocols may vary by location.

Voter Registration

To update your voter registration with your new name, complete the Mississippi Voter Registration Application and mail it to the Circuit Clerk in the county where you reside.

You can also register to vote in person at your Municipal Clerk’s office, or when you get your driver’s license at the Department of Public Safety.

Registration must be completed at least 30 days before the election that you wish to vote in.[6]

Sources

  1. § 1-3-27
  2. Senate Bill 2263 (2022 Session)
  3. Senate Bill 2263, Section 3 (2022 Session)
  4. § 11-53-17
  5. Driver Service Bureau: What do I need to change my name on my DL or ID?
  6. Mississippi Voter ID: How do I register to vote?