Name Change Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Delaware requires the use of the official Change of Name Petition Packet provided by
the Court of Common Pleas. This template provides the substantive legal content to help you
prepare — but you must transfer your content to the official form before filing. The official
forms are available at
courts.delaware.gov. Do not file this document directly with the court.

PETITION FOR CHANGE OF NAME

Table of Contents

1. Caption
2. Petitioner Information
3. Current and Proposed Name
4. Residency Verification
5. Grounds for Name Change
6. Criminal History Disclosure
7. Publication Requirement
8. Notice to Interested Parties
9. Declaration and Verification
10. Order Granting Name Change
11. State-Specific Notes

Caption

IN THE COURT OF COMMON PLEAS OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

In the Matter of the Petition of:

[________________________________]
(Current Legal Name of Petitioner)

For a Change of Name to:

[________________________________]
(Proposed New Legal Name)

Case No.: [________________________________]

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.

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.

Criminal History Disclosure

15. Petitioner discloses the following regarding criminal history:

☐ Petitioner has NOT been convicted of any felony offense.
☐ Petitioner HAS been convicted of a felony offense. Details: [________________________________]

16. Sex Offender Registry Status:

☐ Petitioner is NOT required to register as a sex offender under Delaware law or the law of any other jurisdiction.
☐ Petitioner IS required to register as a sex offender. Details: [________________________________]

17. Pending Criminal Charges:

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

Publication Requirement

18. PRE-FILING PUBLICATION REQUIRED: Petitioner has published or will publish a notice of this petition (or a notice thereof) in a newspaper published in [________________________________] County, Delaware, at least once a week for three (3) consecutive weeks BEFORE the petition is filed.

19. Name of newspaper: [________________________________]

20. Dates of publication:
    - First publication: [__/__/____]
    - Second publication: [__/__/____]
    - Third publication: [__/__/____]

21. Proof of publication:

☐ Affidavit of publication is attached hereto as Exhibit [____].
☐ Affidavit of publication will be filed prior to the hearing.

Notice to Interested Parties

22. Petitioner states that the following persons may have an interest in this proceeding:

☐ There are no interested parties who need to be notified beyond the publication requirement.

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

IN THE COURT OF COMMON PLEAS OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

In the Matter of the Petition of:
[________________________________]
For a Change of Name to:
[________________________________]

Case No.: [________________________________]

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, confirmed compliance with the publication requirements of 10 Del. C. § 5902, and being fully advised;

THE COURT FINDS THAT:

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

2. The publication requirements under 10 Del. C. § 5902 have been satisfied.

3. There appears no reason for not granting the petition.

4. No valid objections have been filed.

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.
• Statutory Authority: 10 Del. C. §§ 5901-5904.
• PRE-FILING Publication Required: The petition or a notice thereof MUST be published in a newspaper in the county once per week for three consecutive weeks BEFORE the petition is filed (10 Del. C. § 5902). This is a prerequisite to filing.
• Residency Requirement: Must reside in the county of filing; no specific minimum duration.
• Filing Fee: Varies by county; contact the Court of Common Pleas Clerk.
• Verified Petition: The petition must be "duly verified" (sworn under oath).
• Standard for Approval: The court will grant the petition when requirements are met and "there appearing no reason for not granting" it (10 Del. C. § 5904).
• Costs: All costs are paid by the petitioner (10 Del. C. § 5903).
• Minor Name Changes: Require consent of both parents or compliance with additional procedures.
• Sex Offender Considerations: No explicit statutory bar, but court discretion applies.
• Sealed Records: The court may seal records in cases involving safety concerns; consult with an attorney regarding specific procedures.

Sources and References

• 10 Del. C. Chapter 59 — Change of Name
• Delaware Courts — Change of Name Petitions
• 10 Del. C. § 5901 (2024)