How to change your name in South Carolina

Sep 27, 2024Uncategorized

How to Change Your Name in South Carolina: A Comprehensive Guide

Changing your name is a significant decision that can arise for various reasons, including divorce, marriage, or personal preference. In South Carolina, the process involves legal steps that ensure your new name is recognized by government agencies and private institutions. Here’s a comprehensive guide on how to change your name in South Carolina, including during a divorce

Name Change During Divorce

If you wish to change your name as part of your divorce proceedings, South Carolina law makes this relatively straightforward. Here’s what you need to do:

  1. Request Name Change in Your Divorce Petition When filing for divorce, include a request for a name change in your divorce petition. This can be done by including a specific request to restore your maiden name or a previous surname.
  2. Court Approval During the divorce proceedings, the judge will review your request. If approved, the name change will be included in the final divorce decree. This decree serves as the legal document authorizing your name change.
  3. Updating Records Once you have the divorce decree, you can update your name with various institutions:
  • Social Security Administration: Complete Form SS-5 and submit it along with your divorce decree and proof of identity.
  • Department of Motor Vehicles (DMV): Visit your local DMV office with your divorce decree, Social Security card, and current driver’s license to update your name on your driver’s license.
  • Financial Institutions: Provide your divorce decree to banks, credit card companies, and other financial institutions to update your name on accounts.

Name Change for Reasons Other Than Divorce

If you wish to change your name for reasons other than divorce, the process involves several steps:

  1. File a Petition File a Petition for Name Change with the Family Court in the county where you reside. You will need to provide:
  • Your current legal name
  • Your desired new name
  • The reason for the name change
  • Background information, including any criminal history
  1. Background Check You may be required to undergo a background check, including fingerprinting. This is to ensure that the name change is not being sought for fraudulent purposes.
  2. Court Hearing After filing the petition and completing the background check, a court hearing will be scheduled. During the hearing, you will need to present your reasons for the name change. The judge will evaluate your request and, if deemed appropriate, will issue an order approving the name change.
  3. Obtain a Certified Copy of the Court Order Once the judge approves your name change, obtain a certified copy of the court order. This document will serve as legal proof of your new name.
  4. Update Your Records With the court order in hand, you can now update your name with various institutions:
  • Social Security Administration: Complete Form SS-5 and submit it along with the court order and proof of identity.
  • Department of Motor Vehicles (DMV): Visit your local DMV office with the court order, Social Security card, and current driver’s license to update your name on your driver’s license.
  • Vital Records: If you wish to update your birth certificate, contact the South Carolina Department of Health and Environmental Control (DHEC).
  • Financial Institutions: Provide the court order to banks, credit card companies, and other financial institutions to update your name on accounts.
  • Other Institutions: Notify your employer, insurance companies, utility providers, and other relevant institutions of your name change.
  1. Tips for a Smooth Name Change Process
  • Double-Check Requirements: Ensure you understand all the requirements and gather necessary documents before starting the process.
  • Keep Multiple Copies: Obtain several certified copies of your divorce decree or court order, as you may need to provide them to various institutions.
  • Update All Records: Make a list of all the institutions and accounts that need to be updated to avoid any future complications.
  • Notify Personal Contacts: Inform family, friends, and professional contacts of your name change to ensure a smooth transition.

Changing your name in South Carolina, whether due to divorce or other reasons, involves a legal process that ensures your new name is recognized across all institutions. By following the steps outlined in this guide, you can navigate the name change process with confidence and ease. Remember to keep thorough records and notify all relevant parties to ensure a seamless transition to your new name.

For more information or assistance with the name change process, contact Rivertown Law at 843-488-5600. Our experienced team of lawyers is here to help you through every step of the process.

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