How Do I Change Back to My Maiden Name in Missouri?
Full Question:
Answer:
In Missouri, a person may change their name by filing a petition in the circuit court with appropriate forms. Assistance of an attorney is not required. In cases of divorce, a request for a restoration to maiden name may be made as part of the divorce proceedings.
A person who has attained the age of 18 years is considered an adult.
The court must find that the requested name change is proper and not detrimental to the interests of anyone else. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
For an order of name change to be granted, the court must find that the desired change is proper and not detrimental to the interests of any other person. A change of name upon marriage, dissolution, or divorce meets these requirements.
Within 20 days of the Order granting the change of name, the Petitioner must publish the change of name once a week for three consecutive weeks in a newspaper of general circulation in the county in which the petitioner resides. The General Public is given notice by publication. Also, any parent of a minor child who is not joining in the petition would be entitled to service of notice of the petition and hearing by certified or registered mail.
Any reasonable objections made to the court may influence the court's findings as to whether the change of name is consistent with the public interest.
The process for obtaining a name change for an adult in the State of Missouri begins with the filing of a Petition with the Circuit Court in the jurisdiction in which Petitioners reside. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, and the reasons for the requested change of name.
The requested name change will be granted if the court is satisfied with the basis of the request and that it is not detrimental to the interests of anyone else.
Within 20 days of the Order granting the change of name, the Petitioner must publish the change of name once a week for three consecutive weeks in a newspaper of general circulation in the county in which the petitioner resides.
Additional Information and Instructions:
Statutes:
Petition, where presented--contents--proceedings:
Hereafter every person desiring to change his or her name may present a petition to that effect, verified by affidavit, to the circuit court in the county of the petitioner's residence, which petition shall set forth the petitioner's full name, the new name desired, and a concise statement of the reason for such desired change; and it shall be the duty of the judge of such court to order such change to be made, and spread upon the records of the court, in proper form, if such judge is satisfied that the desired change would be proper and not detrimental to the interests of any other person. Mo.Rev.Stat., Title XXXVI Statutory Actions and Torts, Chapter 527 Change of Name, Section 527.270.
Fees to be paid by petitioner:
The fees for proceedings under sections 527.270 to 527.290 shall be the same as are now or may hereafter be allowed in similar cases in said court, to be paid by the petitioner. Mo.Rev.Stat., Title XXXVI Statutory Actions and Torts, Chapter 527 Change of Name, Section 527.280.
Notice of change to be given, when and how:
1. Public notice of such a change of name shall be given at least three times in a newspaper published in the county where such person is residing, within twenty days after the order of court is made, and if no newspaper is published in his or any adjacent county, then such notice shall be given in a newspaper published in the city of St. Louis, or at the seat of government.
2. Public notice of such name change through publication as required in subsection 1 of this section shall not be required if the petitioner is:
(1) The victim of a crime, the underlying factual basis of which is found by the court on the record to include an act of domestic violence, as defined in section 455.200,
(2) The victim of child abuse, as defined in section 210.110; or
(3) The victim of abuse by a family or household member, as defined in section 455.010, Mo.Rev.Stat., Title XXXVI Statutory Actions and Torts, Chapter 527 Change of Name, Section 527.290.
Court Rules:
Petition for Change of Name; Contents:
The petition for change of name shall be verified and shall state:
(a) The present name of petitioner and the name desired;
(b) The reason for such desired change;
(c) That the petitioner is a resident of the county in which the change of name is sought;
(d) The date and place of birth of petitioner and petitioner's father's name and mother's maiden name;
(e) If petitioner is married the name of petitioner's spouse and if petitioner has children the names and ages of each and their place of residence;
(f) If petitioner's name has previously been changed, when and where and by what court;
(g) Whether any judgment for money which has not been satisfied is pending against petitioner and, if so, the style of the case wherein the judgment was entered and the court in which the judgment was entered;
(h) Whether any action for money is pending against petitioner and, if so, the style of the case and the court in which it is pending; and
(i) That the change of name will not be detrimental to any other person. Missouri Rules of Civil Procedure, Rule 95. Change of Name, Rule 95.01.
Order of Change of Name, When:
The court shall order the desired change of name if it finds that the change would be proper and not detrimental to the interests of any other person. Missouri Rules of Civil Procedure, Rule 95. Change of Name, RULE 95.04.
Publication of Notice of Change of Name:
When a change of name is granted notice of the change shall be published at least once each week for three consecutive weeks in a newspaper of general circulation published in the county where the change of name was granted. If there is no such newspaper, then the publication shall be in a newspaper designated by the court. Proof of the publication shall be filed with the clerk within ten days after the date of last publication. Missouri Rules of Civil Procedure, Rule 95. Change of Name, RULE 95.05.
