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New Mexico Name Change Forms | Petition

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New Mexico Name Change Forms | Petition

Updated August 14, 2023

New Mexico name change forms are used by residents over the age of 14 to request a legal name change with the district court. When getting married or divorced, a person may elect to adopt a new surname or restore their maiden name simply by including the name change as part of their marriage or divorce proceedings.

Name Change After Marriage

To change your last name when getting married, you must indicate the desired surname on the marriage license application. After getting married, you can use a certified copy of the marriage license as legal proof of your name change. To obtain a certified copy, visit the county clerk’s office where the license was issued.

Name Change After Divorce

You may restore your maiden name when getting divorced. To accomplish this, you must indicate on the Final Decree of Dissolution of Marriage that you will resume using a former name. Once the divorce has been finalized and the judge has signed the Final Decree, the document can act as proof of name change. A copy of this can be obtained from the clerk of the district court where the decree was handed down.

How to Change Your Name (10 steps)

  1. Complete Petition to Change Name
  2. Sign and Notarize Petition
  3. Complete Notice of Petition to Change Name
  4. Gather Documents
  5. File Documents with District Court
  6. Request a Hearing Date
  7. Publish Notice of Name Change
  8. Complete Final Order Changing Name
  9. Attend Court Hearing
  10. File Signed Court Order

1. Complete Petition to Change Name

To begin the process for a legal name change, complete the Petition to Change Name, which can be obtained at your local district court. Leave the signature field and notary verification section blank, as you will need to complete this part of the petition in the presence of a notary public.

2. Sign and Notarize Petition

Your Petition to Change Name must be notarized. Some clerks of court will provide the necessary verification when you file your documents. Otherwise, you must sign the petition before a notary public, who will provide their certification. Your document must be signed using your current name and not your desired name.

3. Complete Notice of Petition to Change Name

Next, fill out the Notice of Petition to Change Name. This document will be completed by the court clerk, who will assign a judge and a hearing date for your case.

4. Gather Documents

Review the list below to ensure that you have everything needed to file your petition:

  • Petition to Change Name
  • Notice of Petition to Change Name
  • Photo identification
  • Cash or money order for the filing fee

Make at least one additional copy of each document to submit along with the original documents. Filing fees vary by court.

5. File Documents with District Court

Submit the required paperwork to the clerk’s office at your local district court. Pay the filing fee, which varies by court.

6. Request a Hearing Date

You must request a court hearing date from the clerk of court. Upon assigning you a hearing date, the clerk will complete your Notice of Name Change and issue it to you either in person or by mail. The hearing date will often be set three weeks from the date of assignment.

7. Publish Notice of Name Change

Before your hearing date, you must publish your completed Notice of Petition to Change Name in a newspaper with distribution in your county once per week for two weeks at minimum. If your county doesn’t have a local newspaper, you can publish the notice in a newspaper with circulation in a neighboring county.[1]

After fulfilling this requirement, assemble two samples of the published notice demonstrating that they were published in two consecutive weeks, along with a completed Affidavit of Publication, and file them with the clerk of court. If you have any concerns for your safety regarding your name change being made public, the clerk may be able to waive this requirement.

8. Complete Final Order Changing Name

Fill out the Final Order Changing Name, leaving the judge’s signature field blank. Once certified, this document will serve as proof that your name change has been approved. If you wish to keep your name change hidden from public record for reasons of personal safety, fill out the Order Sealing Final Order to Change Name.

9. Attend Court Hearing

On the hearing date, you must present yourself on time with all of your name change documents.[2] You will be called upon to answer basic questions regarding your petition and reasons for changing your name. The judge will hear any arguments or objections to your petition (if any exist). If the judge approves your request, they will sign your Final Order Changing Name form.

10. File Signed Court Order

At this juncture, if the judge has signed your Final Order Changing Name, your name change is nearly official. However, you must still file the signed court order with the clerk’s office. Once you have filed your court order with the clerk of court, your name will be officially changed, and you can use certified copies of the court order to update your identity with the DMV, Social Security office, IRS, and more.

Driver’s License

Once your name change is official, you must update your driver’s license by visiting the nearest Motor Vehicle Division (MVD) office. You must bring an original or certified copy of one of the following documents as legal proof of the name change:[3]

  • Marriage license
  • Divorce decree
  • Final Order Changing Name
  • Birth certificate

Voter Registration

To update your voter registration with your new name, complete the New Mexico Online Voter Registration. If you prefer to update your information in person or by mail, obtain the Voter Registration Form from your local county clerk’s office and submit it in person or by mail.

Sources

  1. Name Change | New Mexico Courts
  2. N.M. Stat. § 40-8-3
  3. MVD New Mexico: How do I change the name on my driver license?