Colorado Name Change: The Basics
The legal framework surrounding name changes in Colorado is outlined primarily in state statutes, which provide a clear pathway for individuals seeking to make such a change. Under Colorado law, a name change can be granted for minor children and adults. The legal process for changing one’s name involves filing a formal request with the appropriate judicial authority and going through the court system.
According to Colorado Revised Statute (C.R.S.) § 13-15-101, a person must file a petition for a name change in the district court located in the same county as their legal residence. For minors aged 14 or older, the child’s consent in writing must also be obtained. If the court finds that the proposed name change is equitable and not for any fraudulent intention, a decree for the name change will be issued.
The statute specifies that name changes are not permitted for an adult who has a felony conviction unless two years have passed since the completion of their sentence (including parole), or for a minor if one parent retains legal custody, in which case both parents must consent. Exceptions include situations involving persons involved in witness protection programs , or a married individual who wishes to resume their maiden name.
Before the Decree for Name Change can be filed with the Colorado Department of Health, it requires the stamp or certificate of the Clerk of Court certifying that (i) the Decree has not been revoked by any subsequent Order of the Court; (ii) all statutory inquiries have been submitted and considered; and (iii) that a true copy of the Decree has been sent to the Colorado Bureau of Investigation (C.B.I). This shows that any criminal history record information that may exist for the petitioners resident and/or his/her dependents have been sent to those interested agencies.
In order for a name change to become effective in the public record, the relevant agencies must be properly notified. This includes federal agencies (F.B.I.), Department of Homeland Security, C.B.I., as well as state and local agencies. Without such notification, an individual may find themselves being scrutinized by agencies that still have their old name on record.
As the Colorado Revised Statutes and some basic steps for legally changing your name are laid out clearly, it is vital to stay aware of the laws. By being fully informed, potential candidates for a name change can avoid any negative legal issues in the future.
Why Legally Change Your Name
There are many different reasons a person in Colorado might want to legally change their name. A common reason is marriage, where one party takes the last name of the other party upon marriage. This is a simple process where the marriage certificate effectively changes the name of the party taking on the name of the other person and gets the name of the other person changed on their driver’s license, social security card and the like. On the other hand, when the party who is married to the person taking the other person’s name wishes to change their name, it becomes somewhat more complicated and requires a name change petition.
Some people may wish to change their name based on the possibility that it is easier to get a job with a different name, or because they have been named after someone with a bad reputation, or simply out of personal preference. These people must file a petition to change their name in the proper venue, which is generally the county where they live. For minors, Colorado courts have the power to change the names of both minors and adults when the objective is to avoid a name of offensive stress to a minor.
Getting Ready for a Legal Name Change
In order to legally change your name in Colorado, you must be over 18. To begin the process, you must gather a few important documents in advance of filing your application with the local district court. You will need your Social Security card, a government issued ID such as your Colorado driver’s license or passport, and potentially other certificates from non-marital dissolutions. For example, if you annulled a common law marriage and/or a civil union, those proceedings could prohibit a legal name change unless you obtain permission from the Court which annulled the prior dissolution(s). Additionally, if you are not a United States citizen and you intend to change the primary language of your name to an English name, you may need written consent from the immigration officer responsible for your form of permanent residency, naturalization, or other required immigration requirement.
You must fill out the "Application for Official Name Change" and its corresponding "Case Information Sheet." You’ll need to attend an informational class at the public courthouse which provides sufficient advice as to how to file your Name Change Application. There is typically a fee of between $200-$400 to file the Application and its corresponding documents. The publication fee is around $25 in addition to the original application fee. A fingerprinting fee can run between $25-$50. In total, the entire process could potentially cost anywhere from $250 to $1000 or more. It’s possible for a Judge to waive your application if the fees are prohibitive by submitting an affidavit of indigence, commonly called a waiver.
Petitioning for a Name Change
Filing a petition with the appropriate court is the next step in effecting a legal name change. In Colorado, you will file your petition for legal name change with the district court for the county in which you reside.
You must file three original copies of the petition for name change. Alternatively, you may file one original copy and have the clerk of court make separate copies of the petition for you. You will then need another copy after publication, and the State will need a copy for its records.
A number of forms are required to be filed. The first form to be filed is the Petition for Name Change, which asks the court to grant you a new name other than your birth name. A second form is the Case Information Sheet. The Case Information Sheet tells the court the names and birth dates of all persons in your household, even if they will not be affected by the name change. These persons can be your spouse, significant other, children and step children. Birth certificates or a certified birth record must be made available to the court at the time of the status hearing, however these documents do not need to be filed nor do they need to be attached to the petiton. The next form is the Certification of Identity which certifies that the information you provided in the petition is true and correct. The next form is the Certification of Income, which tells the court whether or not you have the financial ability to pay the filing fees. The last form is the Waiver of Notice by Non-Applicant Party under C.R.S § 13-15-102(3). This form is signed by a person in your household who is not seeking a name change. Otherwise, a judge will appoint a guardian ad litem for the parties that require representation.
Attending a Court Hearing
The next step is the court hearing. If you are not required to attend, the clerk will contact you to inform you of the judge’s decision to approve your application; you will then receive a signed copy of the petition which you must file with the clerk of court in your county.
If an in-person hearing is necessary , you will be presented with the following questions: You may be asked the following questions as well: If you have children under the age of 18 and you are not legally breaking their tie to their other parent by changing your name, you will have to discuss your choice with the judge, who will be looking for the answer to the following question: Note that you will need to show picture identification (usually a driver’s license, although a passport is acceptable too) at the hearing; if at all possible, do not forget to bring these with you.
Publishing Your Name Change
In some counties, you are required to publish a notice of your name change in a local newspaper. Other counties may not require this, so please check with your local courthouse or the Colorado Judicial website for your county’s requirements.
Find an appropriate, local newspaper – a paper that is generally distributed in the area in which you live. Obviously, this does not mean the New York Times, which is distributed nationally, but the Denver Post might just be a good choice for monthlies. Call the newspaper’s office and ask what categories they have. In most cases, a free, weekly paper will not be sufficient. Some weekly papers do have a "legal notice" section, such as the Golden Transcript. You can call the newspaper and ask, or visit their website for more information. The Colorado Judicial website has a list of newspapers for each county in the state.
Cost – the cost of publication will vary greatly depending on the newspaper you choose. Legally, the newspaper should not be able to charge you any more than the cost of printing. The maximum you can be charged for a legal notice is $75.00. Some newspapers do charge more than $75.00. If you are on a tight budget, you may want to just call around and ask how much a legal notice in that newspaper costs. And when you are calling, you need to tell them that the notice is for a legal name change – that you are not just placing a personal ad. Please do not take the response "we charge $75.00 for legal notices" as a blanket statement. Some newspapers do charge less than that. You should just ask, and confirm the cost prior to publication.
For some names, there may be name conflicts, which is common when people have more common surnames, like Smith or Williams. Your notice will then be published twice a week, for three consecutive weeks.
Notifying ID Issuers and Other Parties
Once you obtain a final order granting your name change, it is essential to have this process followed up with the proper agencies. First, you will need to get an original copy of the order granting your name change from the court. This will require you to contact the court to provide them with a self-addressed envelope so that they can mail you a certified copy or personally follow up with the clerk.
You will need multiple copies in order to change your information with different government agencies, including:
Colorado Division of Motor Vehicles: To change the name on your driver’s license or state-issued identification card, you’ll need to visit the local DMV office with your original order. In addition, you will need to show proof of citizenship and two documents with your name and current address.
Social Security Administration: You will need to provide the original or a certified copy of the court order granting your name change, proof of identity and U.S. citizenship, and comply with their other requirements for a name change. The official website for the Social Security Administration will provide you more guidance for your specific situation.
Internal Revenue Service: To update your records with the IRS, you may use your court order or a marriage certificate as proof when filing your taxes. However, you will likely still need to show the IRS your legal name change in writing if you have a reason to believe that your name has already been reported under a different legal name. The instructions for Form 1040 can provide you with guidance for how to file appropriately.
Financial Institutions: You will also need to contact the banks and other institutions you use to let them know that you legally changed your name and to update their records.
Name Change Exceptions and Special Cases
Special cases and exceptions are often applicable for people seeking to legally change their names in Colorado. The process is a little different for minors seeking a name change, for instance. Parents of minor children who want to change the name of their children must file a Motion which states the desired name and lists the complete names and addresses of the parents. The Motion also must be signed by both parents. If only one parent is changing the child’s name, an affidavit letting the Court know about attempts to notify the other parent must be filed along with the Motion .
The Court will look at a few factors when considering a Motion for the name change of a minor: (1) if the change is in the best interest of the minor; (2) if there has been any evidence of domestic abuse from one spouse to the other or from the parent to the child; (3) the wishes of the minor; and (4) the current and future potential financial burden on the parent(s) should they be allowed to change the child’s name.
Changing your name in Colorado while you have a conviction record or are currently facing charges is a different process altogether. You must file a Motion explaining the situation to the Court. The Court presiding over your criminal matter will also need to sign your Motion for the name change.
