By: Daniel R. Hernandez, Esq. and Sierra Webb
Changing your name can be a significant and personal decision. Whether you’re seeking to change your name after marriage, divorce, or simply want a fresh start, the process in Illinois is straightforward, but involves several critical steps and these steps are subject to change depending on the circumstances.
Divorce name change
Changing your name in Illinois can be straightforward if you indicate your decision during the divorce process. That way your desire to change your name appears on the face of the divorce decree. By doing so, you do not need to go through another legal process or pay extra fees to change your name or revert to a prior name.
Most divorce decrees and/or divorce judgments include a section that allows you to change your name as a part of the divorce. However, this option only allows you to revert to a maiden name or prior name you legally used before. If you wish to adopt a new name, you’ll need to go through a separate name change process.
If the Judgment for Dissolution of Marriage does not include a provision for resuming a maiden name, make sure to include the name change before appearing in court. If your divorce decree was finalized without a name restoration order, you can file a motion to amend your decree/judgment and have it reissued.
In some parts of Illinois, such as Cook County, you can have the Judgment certified immediately after the judge has put their signature on it. You are then able to take the judgment to the clerk’s Domestic Relations office and, with the certified copy in hand, you may start straightaway with your name change.
General Adult Name Change
In the event that you wish to change your name without a divorce proceeding, you must meet certain criteria. To be eligible to legally change your name in Illinois you need:
- Proof of having lived in Illinois for at least 6 months (735 ILCS 5/21-101);
- A government-issued ID (or proof of residency); and
- A birth certificate or passport
Per Illinois law, immigrants, legal permanent residents, and undocumented persons may petition for a name change if the person has proof of meeting the six-month Illinois resident requirement. Further, qualifying persons with previous felony convictions may petition for a name change. Persons with felony sentences that have not been completed, terminated, or discharged are unable to file for a name change unless formally pardoned for the offense. 735 ILCS 5/21-101.
The name change process begins by filing several documents with the Clerk of the Circuit Court in your county. These documents include a Request for Name Change, Notice of Filing, and Judgment Order. After filing, a court hearing will be scheduled, typically about eight weeks later, to allow time for public notice.
If you wish to waive public notice because you believe such notice will put your life at risk, you are able to file a Motion to Waive Notice and Publication. Such waiver may only be granted if you: (1) believe that notice or publication would be a hardship for the person whose name would be changed, such as a risk of physical harm or discrimination; or (2) you have or have previously been granted a protective order, such as an Order of Protection, Stalking No Contact Order. The protective order does not have to be in the state of Illinois in order to qualify for waiver of publication. Furthermore, the law does not require the person filing to provide any evidence of hardship. 735 ILCS 5/21-103.
You are required to file a Publication of Notice of Court Date for Request for Name Change or Motion to Waive Notice and Publication at least 6 weeks prior to the name change hearing. The publication notice will contain information about your name change and will be published in a local newspaper within the county where you reside. Once published, you will receive a publication certificate from the newspaper which will also be filed with the court.
Once your name change is approved, you’ll need to update key documents like your Social Security card, birth certificate, and driver’s license. It is essential to notify the Secretary of State within 10 days of the change. Additionally, make sure to update your bank accounts, insurance policies, and retirement accounts.
Changing Gender Marker
Changing your name and your gender marker on your government-issued identity documents are two separate processes, but it is possible for them to happen at the same time. In the state of Illinois, you do not need a name change order in order to change your gender marker on state-issued identification documents, such as your birth certificate, state IDs/driver’s licenses.
Currently in Illinois, you may choose M, F, or X as your gender marker on your ID. To update the gender marker, you simply need to sign a form attesting to your gender identity – no medical signature or documentation is needed. This request may be included in your Petition for Name Change or may be filed as a separate document.
Illinois law additionally permits Petition for Gender Marker Change on an out of state birth certificate. Per Section 21-106 of the Illinois Code of Civil Procedure, residents of Illinois who were born in another state or country may have difficulty in securing a birth certificate with the correct information. This section gives Illinois residents the power to file a petition in the resident’s county of residents requesting the court to issue a finding of fact of facts to correct or update a birth certificate. The petition must contain the person filing’s name and address, the change the filing person seeks, and the reason for the change. Again, the state of Illinois does not require any surgery, hormone therapy, or further changes for a person to change their gender marker. However, it is possible that the birth certificate is registered in a state that may have such requirements, so it is important to refer to any relevant state laws. 735 ILCS 5/21-106.
Conclusion
Changing your name is more than just a legal procedure; it’s a deeply personal journey that can signify a new beginning, a fresh identity, or a meaningful transformation. We understand the emotional weight of this decision and are committed to guiding you through every step with compassion and expertise.
Our well-rounded approach ensures that you stay informed and supported throughout the entire process. The NextLevel Team is dedicated to making this transition as smooth and stress-free as possible, so you can focus on embracing your new name with confidence and peace of mind.