Family & Safety

A name change is a legal process asking a judge to change your current legal name to a different name. If a judge grants your request, they will sign an order that you will take to different governmental agencies, organizations, and businesses to change your name on your accounts or receive new documents reflecting your new name.

There is one name change process for those 18 years or older (adult) Any person 18 years old or over and a separate one for those under 18 (child).

In order to change your name in Illinois, you must meet the requirements:

• Be at least 18 years old and
• Lived in Illinois for at least three months by the time you have your court hearing When the parties in a case present their sides of a case to a judge or other officer or get the name change order.
   

Yes, you are not eligible for an adult Any person 18 years old or over name change if you are currently incarcerated in state or federal prison. If you have been convicted of a felony, A serious crime that is punishable by more than one year in prison you must complete your sentence, including parole, A release from prison. It allows someone to serve time outside of prison as long as they follow certain conditions. or have been pardoned in order to get a name change.

In addition, if you are required to register under the following Illinois laws (or similar laws in another state) and are not pardoned, you may be charged with a felony for asking for a name change:

• Sex Offender Registration Act,
• Murderer and Violent Offender Against Youth Registration Act,
• Arsonist Registration Act

There are exceptions to the above if you want to change your name. You may be allowed to change your name even if having to register if it is due to one of the following reasons:

• Marriage
• Religious beliefs
• Status as a victim of trafficking, or
• Gender-related identity under the Illinois Human Rights Act

If you are required to register under the above three laws and are granted a name change, you are required to notify the law enforcement agency where you are registered:

• Sex Offender Registration Act - within three days
• Murderer and Violent Offender Against Youth Registration Act - within five days
• Arsonist Registration Act - within ten days

Yes.  However, the process and forms are different.  Learn more about changing your child’s name.
 

There might be costs to file an adult Any person 18 years old or over name change request. Each county has its own fees that you can read about on their website. 

You can also see if you qualify for a fee waiver A document that lets someone file court papers for free or at a reduced cost. so you don’t have to pay to file. Learn more about fee waivers.
 

Yes. If it would be a hardship or have a negative impact on your health or safety to have your adult Any person 18 years old or over name change records open to the public, you can file a Motion A request to the judge to make the court or a party in the case do something to Impound When the court or police take possession of personal property (Make Court Records Private). Examples include physical harm, discrimination, harassment, bullying, and threats of violence. Members of certain communities or groups may opt to keep records private, such as adoptees, refugees, domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury or human trafficking Involves the use of force or coercion to make someone participate in forced labor or a commercial sex act, or luring them into participating if they are under 18. survivors, asylees, and transgender individuals.

This keeps records private and only people involved in your case, like court staff and the judge, can view the records unless the judge gives permission to others.  The name change records will be public unless and until the judge signs the order granting this.
 

After getting an order granting a name change, you can update organizations and businesses such as:

• Social Security Administration records, including social security card
• State-issued ID or driver’s license card
• US passport
• Illinois birth certificate
• Credit card companies, financial institutions, and insurance companies
• Post office
• Memberships, clubs, and schools
• Professional licenses
  
   

If you want to change your name on government documents and ID after marriage, you can take your marriage certificate to government agencies and request new documents.
 

When asking for a divorce, you can include a name change request in the petition (noun) A written request to a court (verb) To request from a court and order. After the divorce, you can then take a certified copy A copy of a document that can be used instead of the original because an official has approved it as a true and accurate copy by signing it. of the divorce order (also called a Judgment An official decision by a court that ends the dispute between parties for Dissolution of Marriage Divorce ) to government agencies to update your name on legal documents and ID.

If you did not include a name change request in your divorce, you can use the process in Starting a case to change the name of an adult.
 

Yes. The spouse must complete the spouse’s information and criminal history in the Request for Name Change form and otherwise be eligible for a name change.
 

No. If a parent wants their child’s name to change as well, then a separate petition (noun) A written request to a court (verb) To request from a court to change the child’s name must be filed.
 

The Illinois name change statute can be found at 735 ILCS 5/21-101. For more information and forms, read Starting a case to change the name of an adult and the Illinois Courts’ Name Change information.

Typically, name changes are simple processes that can be done without a lawyer. Someone who represents clients in courts or who gives legal advice  However, if your situation involves eligibility issues such as a criminal history, you may want to consult with a lawyer.

You can use Get Legal Help to find a free legal aid organization or private lawyer near you.