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Do You Need to Have Your Name Legally Changed in South Carolina?
There are a variety of reasons why you may want to change your legal name, but unless you are changing your name because you are getting married, a change of your legal name in South Carolina will require the advice and services of a South Carolina name change lawyer.
If you are getting married, a lawyer does not need to be involved. All you need to do is take a certified hard copy of your marriage license to the local Social Security Administration office. After you have received a new Social Security card, you may change the name on your:
- driver’s license and other identification documents
- voter’s registration
- bank accounts and other financial accounts
- professional licenses, degrees, and university transcripts
How is a Name Changed in a Divorce?
In a divorce proceeding, a woman may want to go back to using her maiden name, and she may ask the court to restore that name as part of the proceeding. If you are planning or anticipating a divorce in this state, you must be represented by a South Carolina family law attorney.
The request for a name change during a divorce is typically approved, provided that some basic requirements are met. South Carolina judges want to be sure that a name change will not be used for a fraudulent purpose. Thus, the judge in your divorce proceeding may ask if you:
- are currently in bankruptcy
- are a registered sex offender (or on any neglect or abuse registries)
- have any criminal convictions
- are making alimony or child support payments (and if those payments are up-to-date)
What About Name Changes for Other Reasons?
People change their names for many reasons. Sometimes, a woman may want to go back to her maiden name months or years after a divorce has been finalized. Others change their names for professional reasons. Transgender persons may prefer names that match their gender identities.
South Carolina law requires those who are changing their names for these reasons to go through the courts. The process begins when you have a South Carolina name change lawyer file a name change petition with the court.
The court then conducts a hearing, which is usually quite brief. The hearing is merely a formality to make sure that your legal paperwork is accurate and complete and that you are not changing your name for a fraudulent purpose. In most cases, the judge will approve the name change.
What Else is Required to Change Your Name in South Carolina?
If you are required to go to court in order to change your name, specific documents must accompany the petition your attorney files with the court. Along with the petition itself, you will need to include:
- a certified hard copy of your birth certificate
- a South Carolina Law Enforcement Division (SLED) name change packet, which may be obtained from the Clerk of Court. SLED will process your fingerprints, run a background check, and issue a report stating whether you are registered as a sex offender.
- a report from the South Carolina Department of Social Services (DSS) stating whether you are on the state’s Central Registry of Child Abuse or Neglect. You may request this report by filing DSS Form 3072 with the South Carolina DSS.
- an affidavit that states whether you are paying court-ordered child support, and if so, whether you are up-to-date with those payments
How Do You Change Your Child’s Name in South Carolina?
Whenever a case that involves a child comes before a court in South Carolina, ensuring the best interests of that child becomes the court’s highest priority. That is why changing your child’s name in this state is more complicated than changing your own name.
If a mother, for example, wants to change her child’s last name to match her own, in most cases, the child’s father is entitled by South Carolina law to have a say in the matter.
The child’s other parent must be served with a copy of the petition and provided with an opportunity to object to the name change. Then, the judge must designate a guardian ad litem who will determine if changing the child’s name will be in the child’s best interests.
How Long Will You Have to Wait for a Name Change?
If there are no reasons why your name should not be changed, the process of changing your own name in South Carolina is relatively quick and easy. It will take DSS and SLED several weeks to return the necessary documents to you.
Then, your South Carolina family law attorney can file your name change petition with the court, and the Clerk of Court will schedule a hearing date. The wait may be lengthier in some jurisdictions than in others, but changing your own name typically takes two to three months.
For a minor child, the process of changing his or her name may take longer because a guardian ad litem must be named and must conduct an investigation to ensure that the child’s best interests are protected.
Let The Howze Law Firm Represent You in Matters of Family Law
Any person who wants to change his or her name in South Carolina – for any reason other than marriage – will need a lawyer’s advice and services. Whether you are changing the name of your child or changing your own name, The Howze Law Firm can help.
We have years of experience handling divorces, adoptions, name changes, and other matters of family law in the South Carolina court system. The Howze Law Firm can advise you about what to expect from the court and what will be required by the court.
If you are currently dealing with any matter of family law, call The Howze Law Firm now at 803-266-1812 to schedule your first legal consultation. We represent and advise clients in Rock Hill, Lancaster, Chester, York, Chesterfield, Gaffney, Fairfield, and Union counties and throughout the State of South Carolina.
