In Texas, a person may request to resume use of his or her surname before marriage in his or her petition or cross-petition for divorce. Additionally, a person may file a petition for name change unrelated to a divorce action–which is the same manner any adult may request a name change in the county of his or her residence. While Texas case law seems to allow Texans to change their names without turning to the courts for a judicial decree, that may not be very practicable because the name change provisions of the Family Code provide a method for recording the name change–which would make changing the name on important personal accounts and documents relatively easier than a common-law name change.

Generally, the required contents of a name change petition are straightforward:

(1) the present name and place of residence of the petitioner;

(2) the full name requested for the petitioner;

(3) the reason the change in name is requested;

(4) whether the petitioner has been the subject of a final felony conviction;

(5) whether the petitioner is subject to the registration requirements of Texas sex offender registration program; and

(6) a legible and complete set of the petitioner’s fingerprints on a fingerprint card format acceptable to the Department of Public Safety and the Federal Bureau of Investigation.

The name change petition also must include each of the following or a reasonable explanation why the required information is not included:

(1) the petitioner’s:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver’s license number for any driver’s license issued in the 10 years preceding the date of the petition;

(F) social security number; and

(G) assigned FBI number, state identification number, if known, or any other reference number in a criminal history record system that identifies the petitioner;

(2) any offense above the grade of Class C misdemeanor for which the petitioner has been charged; and

(3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an offense listed in relation to item (2).

A petitioner going through a divorce does not need to make his or her spouse a party to the name change petition. Again, it is an independent action outside of the pending divorce.

The court will generally enter an order for the name change of a person if the change is in the interest or to the benefit of the petitioner and in the interest of the public. Petitioners with a final felony conviction or who are subject to the sex offender registration requirements face additional requirements. Petitioners also should note that name changes do not allow petitioners to avoid debts or other liabilities incurred in their former names.

If the person intends to change his or her name in connection with a divorce or annulment suit, he or she should apply to the clerk of the court for a change of name certificate, which proves the change of name of the person named in the certificate.

If you have questions about the legal process of changing your name in Texas, please schedule a consultation today. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the Firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.