About Your Name Change

You can file for a name change without an attorney. If you do not have an attorney, you must file all the needed forms/legal paperwork yourself.

***NOTICE: If you want to change your name to avoid a debt or debts, your name change will not be approved.***

        You must make sure you can legally change your name.  

 To do this, answer these questions:

• Have you lived in the county where you are filing the name change request for at least one year?  _____ Yes   _____ No

• Are you 19 years or older, legally emancipated by the court, or married?      _____ Yes   _____ No

                         If you answered “No” to one or both questions, you cannot ask for a name change.

This flowchart may help to see if you are able to ask for a name change.

The information you need to know to complete the forms:

• Your full name
• The new name you want to use
• Your complete address
• Your phone number
• Your email address
• Information for the confidential form not included in the public records:
  • Your Social Security Number
  • Your birthday

COSTS YOU WILL PAY FOR:

   The filing fee.

• Found at this link: nejudicial.com/filing-fee-dc-civil  (scroll down to “CIVIL”)  

• If you cannot pay the filing fee, ask for forms and information about “Proceeding In Forma Pauperis.” In forma pauperis is a way to file your request without paying fees to the court. The forms are found at nejudicial.com/paymentwaiver.

Having the Notice of Name Change published.

• Contact the newspaper in the county where you are filing to find out what the cost is to publish the notice of Name Change.  The Notice must be in the newspaper one time each week for four weeks in a row.
• You can find a list of newspapers by visiting the Nebraska Press Association‘s website, www.nebpress.com, or contact at (402) 476-2851, or by email at admin@nebpress.com and they will help you.

 Special Situations: If you believe you would be in danger by putting the notice in the paper, request information and forms for a Waiver of Publication (getting permission to not “publish”).

• Forms required to receive permission to skip the publication step are the “Request for Waiver of Publication” form and the “Order for Waiver of Publication” form. The forms are found here: nejudicial.com/waivepublication.
  • You must include evidence showing you would be in danger.

Postage to mail a copy of the Notice of Name Change the newspaper published to interested parties.

• If the newspaper does not give you copies of what was published, you might be able to get a copy of the published notice at this website nepublicnotices.com.

All forms in this list can be found HERE : nejudicial.com/adult-name-change or through this QR Code 

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  Expected Costs for an Adult Name Change:

• You are expected to pay court filing fees and costs, publication of the Notice, and postage to mail the copies of the Notice to interested parties.
• The filing fees and court costs.

  • Use the QR code or this link: nejudicial.com/filing-fee-dc-civil (scroll down to CIVIL.) 

    

• The cost to publish the Notice of Name Change.
  • Contact your local newspaper to find out the fees.
  • The notice must be published once each week for four weeks in a row.
• Postage for mailing copies of the published notice to any interested parties.

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Step 1 – Can you Change Your Name?

• Have you lived in the county where you are filing the name change request for at least one year? _____ Yes    _____ No
• Are you 19 years or older, legally emancipated by the court, or married? _____ Yes   _____ No

If you answered “No” to one or both questions, you cannot proceed.

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  Step 2 – Your Petition (Request)

• Complete Petition for Name Change, Adult form. Use the Instructions.
• Complete Confidential Information Form (this is not part of the public record). Use the Instructions.
• Turn in completed Petition and Confidential Information forms to the district court in your county.
• If you are filing by mail, do not send cash, use a check or money order.
• If you cannot pay the filing fee, ask for forms and information about “Proceeding In Forma Pauperis,” which is a way to move forward without paying fees to the court. The forms are found at this link: nejudicial.com/paymentwaiver. See Appendix B

Your name will not be changed if you stop here. You need to schedule your hearing, put your notice in the newspaper, and have a hearing. Keep Going!

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  Step 3 – Scheduling Your Hearing

• Court staff will let you know the name of the judge who has been assigned to your case.

• Contact the trial court staff to schedule your hearing. Contact information can be found at this link nejudicial.com/dc-clerk-contact , or through the QR code.

  

• Make sure your hearing is at least 6 weeks from the day you contact the trial court staff.

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  Step 4 – Publication – Putting a Legal Notice in a Newspaper.

• Complete the Legal Notice for Publication form. Use the instructions.
• Contact your local newspaper or a newspaper regularly distributed in your county.

• Your Notice must be in the paper 1 time per week for 4 weeks in a row.

            Week 1 ______     Week 2 ______     Week 3 ______     Week 4 ______

• Mail a copy of the Legal Notice to any interested party (within 5 days of first time in paper). The newspaper may give you copies of the legal notice that was published or you may be able to find a digital copy of your Legal Notice at nepublicnotices.com.
  • It is possible there is no “interested party” in your case. For more information see the Publication Guide.
• Turn in the Affidavit of Mailing Published Notice to the district court clerk (within 10 days of mailing.) Use the Instructions.
  • This form must be notarized.
• Check with clerk of the trial court that the newspaper that published the notice filed an Affidavit of Publication after the 4th week.

Special Situations: If you believe you would be in danger by putting the notice in the paper, request information and forms for a Publication Waiver (getting permission to not “publish”). Forms required to receive permission to skip the Publication step are the “Request for Waiver of Publication” form and the “Order for Waiver of Publication” form. These forms can be found at this link: nejudicial.com/waivepublication.  Evidence must be provided with the forms.  See Appendix A

Step 5 – Get Ready for Your Hearing– at least 2 days before hearing

• Complete the Instructions for your Name Change Hearing form (your script for the hearing.)
  • Practice reading from the Hearing Instructions form.
• Complete the Decree of Name Change form. Use the Instructions.
• Plan your transportation to the courthouse and parking if needed.
• Make sure you know the courtroom #, if there is one, for your hearing.

  Step 6  – On Your Court Day, Your Name Change Hearing

• Bring 2 completed copies of the Decree of Name Change form.
• Bring your completed copy of the Hearing Instructions form.
• Know your courtroom #, if there is one.
• Arrive at the courthouse 30 minutes before your hearing.
• Be at the assigned courtroom at least 15 minutes before your hearing.
• Be prepared to explain the reason you want to change your name.

  Step 7 – After Your Hearing – Certified Copy of Decree of Name Change

• You need a certified copy of the Decree of Name Change to update your state ID and to update your name with the Social Security Administration.
• Request a certified copy of your signed Decree of Name Change.
  • Ask the clerk of the trial court what the cost will be for a certified copy.    

Step 8 – Update Your Records

• Social Security Administration: ssa.gov/personal-record/change-name
• Driver’s License (or State ID): Must be updated within 60 days of name change. dmv.nebraska.gov/dl/name-change
• Bank Accounts
• Creditors (anyone you owe money to)
• Employer and Benefits
• Utilities and Other Accounts
   

PETITION GUIDE: To print a copy of this guide, use this link.

Petition Guide:

Completing and Turning in Your Name Change Petition

NOTE: Anywhere on the forms where you are asked for your “legal” name, write your current name.

Things to Know:

• All Name Change court cases are heard in district court.
• You must have a hearing with a district court judge to change your name.
• If you cannot afford the filing fees and court costs, you may ask permission from the trial court to not pay.
  • This is called In Forma Pauperis or Fee Waiver Request. See Appendix B
• You must turn in the Confidential Information form with your Name Change Petition

• Turning in/filing/submitting forms: 

  Whenever you are instructed to turn in, file, or submit forms to the clerk of the district court, you can do this either in person or by mail. 
  o    If you are filing by mail, DO NOT send cash.  Use a check or a money order. 
        Make checks payable to “The Clerk of the District Court”
  o    Contact information and addresses for the district court in your county can be found at this link:          nejudicial.com/dc-clerk-contact , or through the QR code. 

  

The Petition

• Complete the Petition for Name Change form, DC 6:9.1. Use the instructions.
• To complete the form, you must know:
  • Your current full name,
  • The new name you want to use,
  • Your complete address,
  • Your phone number, and
  • Your email address.
• Do not overthink the reason you want to change your name.
  • It can be as simple as you feel the new name matches your identity.
  • Whatever your reason, tell the truth
• Your signature and printed name should be the same as your ID.

Confidential Information

• A completed Confidential Information form, DC 6:9.4 must be turned in with your Name Change Petition. Use the Instructions.
• To complete the form, you must know:
  • Your Social Security Number, and
  • Your birthday.
• The information on this form is not made part of the public record.

PUBLICATION GUIDE: To print a copy of this guide, use this link.

Publication Guide:

Putting the Legal Notice for Publication in the Newspaper

Things to Know:

• You can find a list of newspapers by visiting the Nebraska Press Association‘s website, www.nebpress.com, or contact at (402) 476-2851, or by email at admin@nebpress.com and they will help you.

Legal Notice - REQUIRED

• Complete the Legal Notice for Publication (Legal Notice) form, DC 6:9.2. Use the Instructions.
• Arrange for your Legal Notice to be put into your local newspaper or a newspaper regularly distributed in your county.
• The Legal Notice must be published, put in the newspaper:
  • Once per week,
  • For 4 weeks in a row

Mailing your Legal Notice to an Interested Party

• An “interested party” may include anyone you owe money to (a creditor), the parent(s) of your children under the age of 19, or any other person who could have a legal reason they should know about your name change.
• It is possible there is no interested party for your name change case.
• If there is an interested party, you must:
  • Mail a copy of your first published Legal Notice to the interested party within 5 days of the first time it is in the newspaper.
    • If the newspaper does not give you copies of the published Notice, you may be able to get a copy at nepublicnotices.com.
  • Complete and turn in the Affidavit of Mailing Published Notice form, DC 6:6.8, within 10 days of when you mailed the legal notice to the interested party or parties. Use the instructions.
    • You must sign the affidavit in front of the notary public.
• Turning in/filing/submitting forms: Whenever you are instructed to turn in, file, or submit forms to the clerk of the district court, you can do this either in person or by mail.

  • Contact information can be found at this link nejudicial.com/dc-clerk-contact , or through the QR code. 

    

Affidavit from Publisher/Newspaper – Completed by the Newspaper

• The Affidavit of Publication will be completed by the newspaper used to publish your Legal Notice.
• The newspaper will send the Affidavit to the trial court.
• The affidavit can only be sent to the trial court after the 4^th week your Legal Notice was published in the newspaper.

Special Situations: If you believe you would be in danger by putting your Legal Notice in the newspaper, request information and forms for a Publication Waiver, which gives permission to not put a Legal Notice of Name Change in the newspaper. If you believe this applies to you, see Appendix A.

HEARING GUIDE: To print a copy of this guide, use this link.

Hearing Guide:

Before, During, and After Your Name Change Hearing 

No Hearing = No Name Change

1 Week Before Your Hearing:

• Check that the Publisher’s Affidavit has been sent to the trial court,
• Complete the “Decree of Name Change” form, and
• Complete the “Instructions for Name Change Hearing” form.

The Day Before Your Hearing:

• Make sure you have 2 completed copies of your “Decree of Name Change” form.
• Make sure the Instructions for Your Name Change Hearing, your script, is ready. Your script must include:
  • Your current name,
  • That you have lived in the county where you filed for your name change for at least 1 year,
  • That you want to change your name from your current name to your new name, and
  • The reason you want to change your name. (Don’t overthink, but be honest)
• Practice reading your script.
• Prepare for being asked why you are changing your name.
• If you are driving to your hearing, plan where you will park.
• If someone is driving you to your hearing, double check your plan.
• If you use public transportation, double check the routes you will be using.
• Create a back-up plan to make sure you will be at the courthouse 30 minutes before your hearing and outside of the courtroom at least 15 minutes before your hearing.

The Day of Your Hearing

• Before leaving home, make sure you have:
  • 2 copies of the “Decree of Name Change” form.
  • Your hearing script, the “Instructions for Name Change Hearing” form.
• Be at the courthouse at least 30 minutes before your hearing.
• Keep your phone or any other devices in your car, if possible.
  • If you cannot, keep your phone or any other device PUT AWAY, either in a bag or in your pocket.
  • If you require your phone or other electronic device due to a disability, contact the staff for your judge to let them know.
• You will be asked by the judge if you are changing your name to avoid creditors. Tell the truth.

After Your Hearing

• Get a certified copy of your Name Change Decree
  • A certified copy of your Decree of Name Change is needed to update your name on your Driver’s License, or other state ID, and to change your name with the Social Security Administration
  • Ask the clerk of the trial court what the cost will be for a certified copy.
• Keep your certified copy of Your Name Change Decree in a safe place.
• Your certified Name Change Decree is needed to change your name through:
  • The DMV, dmv.nebraska.gov/dl/name-change
  • The Social Security Administration, ssa.gov/personal-record/change-name
  • Banks
  • Credit Cards
• Many other companies do not require a certified copy. Contact any company or utility directly to find out what they need to change the name on your account.

APPENDIX A: To print a copy of this appendix, use this link 

Appendix A

Request for Publication Waiver Guide

Things to Know

• A waiver is permission to NOT do something that is normally required.
• Permission to not put the Legal Notice in the newspaper (publish) will only be granted with documented proof that you may be in danger if the Legal Notice is put into the newspaper.
  • Just saying you would be in danger is not enough
• Waivers of Publication are rare

Required Forms

• Request for Waiver of Publication form, Use the instructions.
• Order for Waiver of Publication form, Use the instructions.

When you turn in your completed Request and Order for Waiver of Publication, include documentation. This could include:

• Police Reports,
• Protection Orders, or
• Any other paperwork, documents, or evidence that shows why your life would be in danger.

APPENDIX B: To print a copy of this appendix, use this link

Appendix B

In Forma Pauperis Guide:

Request to Not Pay Court Fees

Things to Know:

• The legal term for not paying court fees is “In Forma Pauperis,” meaning you do not have enough money to pay for court fees.
• You may hear this called “IFP” or “fee waiver.”
• Other costs may be covered by the county if the trial court grants your fee waiver request, including:
  • Service fees,
  • Witness fees, and
  • Fees associated in cases of appealing a judgment (a final order of the trial court)
• Your request will not be granted if:
  • You have enough money to pay the costs and fees for your case, or
  • Your legal claim is "frivolous or malicious."
    • If your request is denied because it is “frivolous or malicious,” the trial court will tell you why.
• If you win and are granted a money judgment in your case, such as in a lawsuit or small claims, any costs that the county paid will be taken from the judgment.

Required Forms for Civil Cases, Appeals, and Emancipation

• Affidavit and Application to Proceed without Payment of Fees (In Forma Pauperis); DC 6:7.1
  • Include all information asked for in the Affidavit and Application form
  • Be honest when completing the Affidavit and Application
• Order to Proceed In Forma Pauperis; DC 6:7.2

Turning in Your Request

• If you are turning in the Affidavit and Application and the Order at the same time you turn in the forms for your case, your case will not be “filed,”
  • Unless you pay the filing fees,
  • Until after the trail court grants your request, or
  • Until you pay the fees after the trail court rejects your request.
• If your request is rejected, you will be notified by the trail court, and you pay the filing fees. Only after you pay will your forms be considered “filed.”
• If your request is granted, the clerk of the trial court, either county or district, will include the order with your other forms and “file” your case.
• You will not get a case number (sometimes called a case ID) until your case is “filed.”  

Nebraska Laws and Nebraska Supreme Court Rules that apply:

• Neb. Rev. Stat. § 25-21,271
• Neb. Rev. Stat. § 43-2101
• Neb. Rev. Stat. § 42-105.

Click on the District below for detailed resources.

District 4 Resources:

Douglas County

Adult Name Change Packet (customizable)