A name change The life of a name change in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. N1Verified complaintFiled in the Law Division, Civil Part; no clock runs until the court's order fixes one
   1. If the name being changed is a child's: M1 to M2, then back at N4.
   2. M1Verified complaint by a parent or guardianFiled in the Chancery Division, Family Part; no guardian ad litem needs to be appointed first
   3. M2Notice to the parent who is not a partyRegistered or certified mail, return receipt requested, to that parent's last known address; the court requires it along with the order fixing the hearing
   1. If the name change rides inside a divorce: D1, then back at N5.
   2. D1Name change inside the divorceIn the dissolution complaint, or by motion after the judgment; a brand-new surname only while the divorce is still pending
2. N2Order fixing the hearing dateHearing set not less than 30 days after the date of the order
3. N3Notice to the Division of Criminal JusticeCertified and regular mail at least 20 days before the hearing; the county prosecutor too, on the same clock, if that office has charges pending
4. N4Hearing and judgmentOn the date fixed by the order; the judgment takes effect immediately
5. N5Certified copy to TreasuryWithin 45 days after entry of judgment

Stop by stop

1. N1 Verified complaint

   Clock: Filed in the Law Division, Civil Part; no clock runs until the court's order fixes one

   An adult starts with a verified complaint in the Law Division, Civil Part. The rule tells you what it must say: the plaintiff's date of birth; that the change is not meant to dodge creditors, obstruct a prosecution, or work any other fraud; whether the plaintiff has ever been convicted of a crime, and if so which one and what sentence; and whether any criminal charges are pending, in enough detail that the Division of Criminal Justice or the county prosecutor can find the file. There is no defendant and no summons; the complaint is the whole opening move.

   What the rule says

   “An action for change of name of an adult shall be filed and heard in the Law Division, Civil Part. The action shall be commenced by filing a verified complaint which shall contain the date of birth of the plaintiff and shall state: (1) that the application is not made with the intent to avoid creditors or to obstruct criminal prosecution or for other fraudulent purposes; (2) whether plaintiff has ever been convicted of a crime and, if so, the nature of the crime and the sentence imposed; (3) whether any criminal charges are pending against plaintiff and, if so, such detail regarding the charges as is reasonably necessary to enable the Division of Criminal Justice or the appropriate county prosecutor to identify the matter.”

   R. 4:72-1(a)(1) · as code

   Fork. If the name being changed is a child's, the paper leaves the main line here for M1 and comes back at N4.

   Fork. If the name change rides inside a divorce, the paper leaves the main line here for D1 and comes back at N5.

2. N2 Order fixing the hearing date

   Clock: Hearing set not less than 30 days after the date of the order

   The court, not the plaintiff, sets the day. On the complaint the court enters an order fixing a hearing at least 30 days out. That order is what starts every clock on this line: the notices at the next station are counted back from the hearing date it names.

   What the rule says

   “The court by order shall fix a date for hearing not less than 30 days after the date of the order.”

   R. 4:72-3 · as code

3. N3 Notice to the Division of Criminal Justice

   Clock: Certified and regular mail at least 20 days before the hearing; the county prosecutor too, on the same clock, if that office has charges pending

   Publication in a newspaper is gone from this rule; the corpus text requires none. What it requires instead is notice to the State. In every name change action the plaintiff serves notice of the application on the Director of the Division of Criminal Justice, Records and Identification Section, by certified and regular mail at least 20 days before the hearing. If a county prosecutor has charges pending, a copy of the complaint goes to that prosecutor the same way, on the same clock. Each mailing carries a request that the official respond as that office thinks fit; the response, or its absence, is what the court weighs at the hearing.

   What the rule says

   “In all name change actions, notice of application must be served by certified and regular mail, at least 20 days prior to the hearing to the Director of the Division of Criminal Justice to the attention of the Records and Identification Section. If criminal charges initiated by a county prosecutor are pending, a copy of the complaint shall also be served on the county prosecutor by certified and regular mail at least 20 days prior to the hearing. Service on the Division of Criminal Justice or on a county prosecutor shall be accompanied by a request that the official make such response as may be deemed appropriate.”

   R. 4:72-3 · as code

4. Side rail. If the name being changed is a child's: M1 to M2, off the main line at N1.

   1. M1 Verified complaint by a parent or guardian

      Clock: Filed in the Chancery Division, Family Part; no guardian ad litem needs to be appointed first

      A child's name change is a Family Part action. A parent or guardian files the verified complaint on the child's behalf, and a parent may do it without the court first appointing a guardian ad litem. The complaint carries the same disclosures as an adult's, translated: the minor's date of birth, no fraudulent purpose, any delinquency adjudication or conviction and its disposition, and any pending charges in enough detail to be found.

      What the rule says 2 sources

      “An action for the change of name of a minor shall be filed and heard in the Chancery Division, Family Part. The action shall be commenced by filing a verified complaint by a parent or guardian on behalf of the minor which shall contain the date of birth of the minor and shall state: (1) that the application is not made with the intent to avoid creditors or to obstruct criminal prosecution or for other fraudulent purposes; (2) whether the minor has ever been adjudicated delinquent or convicted of a crime and, if so, the nature of the crime and the disposition/sentence imposed; (3) whether any criminal charges are pending against the minor and, if so, such detail regarding the charges as is reasonably necessary to enable the Division of Criminal Justice or the appropriate county prosecutor to identify the matter.”

      R. 4:72-1(b) · as code

      “An action for the change of name of a minor may be commenced by a parent without the appointment of a guardian ad litem.”

      R. 4:72-2 · as code

   2. M2 Notice to the parent who is not a party

      Clock: Registered or certified mail, return receipt requested, to that parent's last known address; the court requires it along with the order fixing the hearing

      The other parent gets told. When the plaintiff is a minor the court requires notice to a non-party parent by registered or certified mail, return receipt requested, at the last known address. The Division of Criminal Justice gets its 20-day notice on this rail too, the same as on the main line. If the parent or guardian and the child both consent, the hearing at the next stop is a short one: the court takes a record and confirms what the complaint says, and nothing more unless something extraordinary appears.

      What the rule says 2 sources

      “The court shall also require, in the case of a minor plaintiff, that notice be served by registered or certified mail, return receipt requested, upon a non-party parent at that parent's last known address.”

      R. 4:72-3 · as code

      “Absent extraordinary circumstances, where the parent or guardian and the minor consent to the change of name, the court shall conduct the hearing in a summary fashion for the limited purpose of creating a record and confirming the information set forth in the verified complaint.”

      R. 4:72-1(b) · as code

   Rejoins. Back on the main line at N4.

5. N4 Hearing and judgment

   Clock: On the date fixed by the order; the judgment takes effect immediately

   On the hearing date the court reads the filed papers, with or without oral testimony, and asks one question: is there any reasonable objection to this person taking that name. If there is none, the judgment authorizes the new name, effective immediately. The plaintiff must bring adequate proof of the current name; the court cannot change a name it cannot confirm. A consenting minor's hearing is the summary one described on the minor's rail.

   What the rule says

   “on the date fixed for hearing the court, if satisfied from the filed papers, with or without oral testimony, that there is no reasonable objection to the assumption of another name by plaintiff, shall by its judgment authorize plaintiff to assume such other name effective immediately. At the hearing, plaintiff must present adequate proof of plaintiff’s current name.”

   R. 4:72-4 · as code

6. Side rail. If the name change rides inside a divorce: D1, off the main line at N1.

   1. D1 Name change inside the divorce

      Clock: In the dissolution complaint, or by motion after the judgment; a brand-new surname only while the divorce is still pending

      A name given up or taken at marriage does not need a separate action. Going back to a name used before the marriage or civil union is asked for in the Family Part, either in the divorce complaint itself or by a motion after the judgment. Taking an entirely new surname can be done in the Family Part too, but only as part of the final relief while the dissolution case is still open; once it is over, a new surname means a complaint on the main line. This corpus has no Part V rule of its own on the point; the whole spur lives in R. 4:72-1.

      What the rule says

      “Any action for return to a name used prior to a marriage or civil union shall be filed and heard in the Chancery Division, Family Part, either as part of the dissolution complaint or by post-judgment motion. Any action to assume a new surname may be filed and heard in the Chancery Division, Family Part only when it is sought as part of the final relief in a pending dissolution case.”

      R. 4:72-1(a)(2) · as code

   Rejoins. Back on the main line at N5.

7. N5 Certified copy to Treasury

   Clock: Within 45 days after entry of judgment

   The judgment is not the end of the paperwork. Within 45 days of its entry a certified copy is filed with the appropriate office in the Department of Treasury. If the plaintiff has a conviction or charges pending, the clerk, not the plaintiff, mails a copy of the judgment to the State Bureau of Identification. After that the line ends; everything else, from the driver's license to the passport, is an agency's counter and not a court's.

   What the rule says

   “Within 45 days after entry of judgment, a certified copy of the judgment shall be filed with the appropriate office within the Department of Treasury. If plaintiff has been convicted of a crime or if criminal charges are pending, the clerk shall mail a copy of the judgment to the State Bureau of Identification.”

   R. 4:72-4 · as code