Name Change Petition - Delaware

Court packet: The Court of Common Pleas provides a petition and notarized affidavit with filing instructions. Check that packet and the clerk's current requirements before filing this petition.

PETITION FOR CHANGE OF NAME

Caption

VERIFIED PETITION FOR CHANGE OF NAME

(10 Del. C. § 5901)

COMES NOW the Petitioner, [________________________________], and respectfully petitions this Honorable Court pursuant to 10 Delaware Code § 5901 for an Order changing Petitioner's legal name, and in support thereof states as follows:

Petitioner Information

1. Full Current Legal Name: [________________________________]

2. Proposed New Legal Name: [________________________________]

3. Date of Birth: [__/__/____]

4. Place of Birth (City, State/Country): [________________________________]

5. Social Security Number (last four digits): XXX-XX-[____]

6. Current Mailing Address:
   [________________________________]
   [________________________________]
   [________________________________]

7. Telephone Number: [________________________________]

8. Email Address: [________________________________]

9. Driver's License / State ID Number: [________________________________]

Residency Verification

10. Petitioner is a resident of [________________________________] County, Delaware, and resides within the jurisdiction of this Court. The Court of Common Pleas packet asks the petitioner to state whether they have resided in that county for more than six months; the statute itself states no minimum period. If your residence is shorter, ask the clerk how to complete the official form accurately.

11. Petitioner's current physical address is:
    [________________________________]
    [________________________________]

Grounds for Name Change

12. Petitioner seeks to change their legal name for the following reason(s):

☐ Marriage or civil union
☐ Divorce or dissolution of marriage/civil union
☐ Personal preference
☐ Gender identity
☐ Return to maiden or former name
☐ Religious or cultural reasons
☐ Other: [________________________________]

13. Detailed explanation of reasons for the requested name change:

[________________________________]
[________________________________]
[________________________________]

14. The requested name change is not sought for any fraudulent, illegal, or improper purpose.

Court Packet Disclosures

15. Pending Criminal Charges (as requested in the court packet):

☐ Petitioner does NOT have any pending criminal charges.
☐ Petitioner DOES have pending criminal charges. Details: [________________________________]

16. Department of Correction supervision (as requested in the court packet):

☐ Petitioner is NOT subject to Delaware Department of Correction supervision.
☐ Petitioner IS subject to Delaware Department of Correction supervision. Probation/parole officer, term, and charges: [________________________________]

Section 5901(c) limits the grounds for a court-ordered change during supervision to a sincerely held religious belief or gender identity and requires the court to give the Department notice and an opportunity to oppose. If a supervised person is granted a change, § 5901(c)(3) requires disclosure of all previously held or adopted names and the legal name when signing legal documents or providing information to a law-enforcement officer.

Court Packet and Supporting Documents

No newspaper publication is required by Chapter 59. Former § 5903 was repealed effective April 28, 2022. Use the current court packet, including its petition and notarized affidavit. The packet requests a birth certificate, photo ID, documents for any earlier name changes, and an applicable divorce or other court order.

☐ Court petition and notarized affidavit prepared.
☐ Supporting identification and prior-name documents assembled as applicable.

Notice to Interested Parties

17. Petitioner identifies any persons to whom the court directs notice:

The court may direct additional notice depending on the petition; do not assume a newspaper notice is required.

Declaration and Verification

I, [________________________________], the Petitioner herein, being duly sworn, depose and state that I have read the foregoing Petition and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

Petitioner's Signature: ____________________________________

Date: [__/__/____]

STATE OF DELAWARE
COUNTY OF [________________________________]

Subscribed and sworn to before me this [____] day of [________________], [____].

Notary Public Signature: ____________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

Order Granting Name Change

ORDER GRANTING CHANGE OF NAME

This matter having come before the Court upon the verified Petition of [________________________________] for a change of name pursuant to 10 Del. C. § 5901, and the Court having reviewed the Petition and being fully advised;

THE COURT FINDS THAT:

1. The Petitioner resides in [________________________________] County, Delaware.

2. The requirements of Chapter 59 have been satisfied, and there appears no reason for not granting the petition.

3. Any objections and required notice have been addressed.

IT IS THEREFORE ORDERED that the name of the Petitioner is hereby changed from [________________________________] to [________________________________], effective as of the date of this Order.

IT IS FURTHER ORDERED that the Petitioner may use the new name in all legal and official documents, records, and transactions.

ENTERED this [____] day of [________________], [____].

____________________________________
Judge, Court of Common Pleas
[________________________________] County, Delaware

State-Specific Notes

Delaware Name Change Key Points

• Court: Court of Common Pleas of the county where the petitioner resides (10 Del. C. § 5901).
• Alternative Jurisdiction: Family Court has jurisdiction over name changes incident to divorce or paternity proceedings.
• Upcoming change: The Code displays a revised § 5901(b)(2), effective December 6, 2026, changing the parentage wording; check the version in effect when filing.
• Statutory Authority: 10 Del. C. §§ 5901-5904.
• Publication: Former § 5903 was repealed effective April 28, 2022; Chapter 59 does not impose pre-filing newspaper publication.
• Residency Requirement: File in the county of residence. The current court packet asks for a statement of more than six months' county residence, although § 5901 states no minimum duration; ask the clerk if this does not fit.
• Filing Fee: The currently linked court packet states $85; confirm the amount with the clerk before filing.
• Verified Petition: The petition must be "duly verified" (sworn under oath).
• Standard for Approval: The court may grant the petition when requirements are met and "there appearing no reason for not granting" it (10 Del. C. § 5904).
• Costs: The petitioner pays proceeding costs (10 Del. C. § 5905).
• Minor Name Changes: Family Court has jurisdiction. Under § 5902, at least one living parent signs the petition (or the legal guardian if both parents are deceased), and a minor over 14 also signs. Section 5904(b) provides a rebuttable presumption for specified surname additions and permanent-guardian changes.
• Department of Correction supervision: Section 5901(c) imposes special grounds, notice, and prior-name disclosure rules; the court packet asks whether the petitioner is supervised.

Sources and References

• 10 Del. C. Chapter 59 — Change of Name
• Delaware Courts — Change of Name Petitions
• Court of Common Pleas Name Change Packet