How to Change Your Name in North Dakota: Petition, Hearing, and Fees

To legally change your name in North Dakota, you file a petition in the district court of the county where you live, publish notice in the local newspaper for at least 30 days, attend a hearing, and pay a $160 filing fee. Once the judge signs the order, you use certified copies to update your Social Security record, driver’s license, and other documents. The whole process is governed by Chapter 32-28 of the North Dakota Century Code.¹

One thing to confirm before you start: if your name change is tied to a marriage or divorce, you do not need a separate court petition. You can enter the new surname directly on the marriage license application, choosing your spouse’s surname, a former surname of either spouse, a combination of the two, or a hyphenated form.² The marriage certificate itself becomes your proof of the change. A divorce decree that restores a prior name works the same way. Everything that follows applies when you’re changing your name outside of marriage or divorce.

Filing the Petition

You file in the district court of the county where you live, and you must have lived in that county for at least six months before filing. The petition has to state that you are a U.S. citizen or lawful permanent resident, explain the reason for the name change, and spell out the new name you want.¹

If you don’t have an attorney, the North Dakota Court System publishes self-help forms and instructions for adult name changes.³ You file the completed petition with the district court clerk and pay the filing fee at the same time.

Publishing Notice

Before the court will hear your case, you have to publish notice of the name change in the official newspaper of your county. The notice must run at least 30 days before your hearing.¹ Publication costs vary by newspaper and are separate from the court filing fee.

There are two situations where the court can waive publication: when you are changing only your first name (not your surname), and when you can show you have been a victim of domestic violence. Otherwise, publication is mandatory.

The Court Hearing

After the 30-day publication window closes, you appear at a hearing in district court. The judge has to be satisfied that the facts in your petition are true and that you have a proper and reasonable reason for the change.¹ The petition will be denied if the court finds the request is meant to defraud or mislead, is not in good faith, would injure another person, or would compromise public safety.

Objections from third parties are uncommon, but anyone who believes the change would harm them can appear and explain why. If the judge grants the petition, request several certified copies of the order from the clerk’s office before you leave. You will need them for almost every record update that follows.

Fees and Fee Waivers

The district court filing fee is $160.⁴ On top of that, budget for newspaper publication and for certified copies of the signed order.

If you cannot afford the filing fee, you can ask the court in writing for a waiver. Eligibility depends on your income and expenses.⁵ The waiver covers the court filing fee only. It does not cover publication costs or the per-copy charge for certified orders.

If You Have a Criminal Record

North Dakota treats criminal history as a serious factor. The court must determine whether you have a criminal record in any state, and the judge may require you to pay for a statewide and nationwide background check.¹

If you have a felony conviction under any state or federal law, the statute presumes your name change request is made in bad faith. You can rebut that presumption, but you have to prove by clear and convincing evidence that the request is not meant to defraud or mislead, is made in good faith, will not injure anyone, and will not compromise public safety. That is a high legal standard, and it is worth talking to an attorney before you file.

The background check requirement does not apply to name changes made through a marriage license, a divorce or annulment, or a minor’s name change, unless the court has reason to suspect fraud or a public safety concern.

Changing a Child’s Name

A minor’s name change follows the same petition process with added safeguards. Notice has to be published in the official newspaper of the county where the child lives and, if different, in the county where each parent lives. If the child has a noncustodial parent, a copy of the notice must be mailed to that parent’s last known address no later than 10 days after publication, and an affidavit of mailing must be filed with the court.¹

The court must also consider appointing a guardian ad litem to represent the child. The judge decides based on the child’s best interest, and a noncustodial parent who opposes the change can appear and object.

Updating Your Records After the Order

The signed court order is only the halfway point. Each agency has its own process, and the order you follow matters, because some updates depend on others being done first.

Social Security Card

Start with Social Security. Most other agencies want your SSA record to match your new name before they will process their own changes. You can request a replacement card online in some cases, or in person at a Social Security office, by providing your certified court order and proof of identity.⁶ The replacement card is free.

Try to do this well before tax season. The IRS matches the name on your return against SSA records, so a mismatch can delay your refund.⁷

North Dakota Driver’s License

You have 10 days from the name change to visit a North Dakota driver’s license site in person for a corrected license. Bring your certified court order with the court seal. The corrected license costs $3.00 and includes a new photo.⁸ This update cannot be done online. North Dakota does not have voter registration, so your updated license is also what you present at the polls.

Birth Certificate

To amend your North Dakota birth record, mail a certified copy of the court order, a notarized Birth Record Amendment Application, and a $15 amendment fee to North Dakota Vital Records in Bismarck. Add $15 for each certified copy of the updated birth certificate you want.⁹ If you were born in North Dakota but now live elsewhere, you can still mail in the request using a court order from your current state.

U.S. Passport

Which form you use depends on timing. If your passport was issued less than a year ago and your name changed less than a year ago, file Form DS-5504 by mail with the current passport, certified court order, and a new photo. There is no fee unless you want expedited service. If more than a year has passed since either the passport was issued or the name change happened, you renew by mail with Form DS-82 (passport book fee $130) or apply in person with Form DS-11 if you are not eligible to renew by mail.¹⁰ If you have travel booked under your old name, wait to start the passport update until after that trip, since your ticket has to match your ID.

Banks, Insurance, and Professional Licenses

Most banks will ask you to come to a branch or call with your updated government-issued ID and a certified court order. Bring the new Social Security card too, since some banks want it. Work through credit cards, insurance, retirement and investment accounts, and your mortgage servicer the same way. If you hold a North Dakota professional license, contact the licensing board for its own change form; most boards accept a copy of the court order or the updated driver’s license.

1
North Dakota Legislative Branch. North Dakota Century Code Chapter 32-28 – Change of Names of Persons and Places
2
North Dakota Legislative Branch. North Dakota Code Title 14 – 14-03-20.1
3
North Dakota Court System. Adult Name Change (18 Years Old and Older)
4
North Dakota Court System. North Dakota Court Fee Schedule
5
North Dakota Court System. Filing Fee Waiver Forms
6
Social Security Administration. Change Name with Social Security
7
Internal Revenue Service. Name Changes and Social Security Number Matching Issues
8
North Dakota Department of Transportation. Driver License
9
North Dakota Health and Human Services. Court Order Name Change
10
U.S. Department of State. Name Change for U.S. Passport or Correct a Printing or Data Error