California name change laws give you four routes to a new legal name: adopting one at marriage, restoring one at divorce, using a new name informally under the common law, or petitioning the superior court. The court route costs $435 to file as of January 2026, usually requires publishing notice in a newspaper for four weeks, and ends with a decree you take to Social Security, the DMV, and every other agency yourself. The restrictions are narrower than most people assume, but they’re strict about the characters you can use and the reasons behind the request.
Your Four Options for Changing Your Name
Not every name change needs a courtroom. Which path fits depends on why you’re changing your name and what documents you’ll need it to match.
At Marriage
Marriage is the most common reason Californians change their name, and it does not require a court petition. Under Family Code 306.5, either spouse can adopt a new middle or last name at the time the marriage license is issued.1California Legislative Information. California Code Family Code 306.5 Your options include your spouse’s current last name, the birth surname of either spouse, a combined last name using all or part of either surname, or a hyphenated combination of both.
A certified copy of the marriage certificate then serves as legal proof. The catch: the election must be made when the license is issued. Once the marriage certificate is registered, it cannot be amended to add or change the name you chose.1California Legislative Information. California Code Family Code 306.5 Miss that window and you’re back to the court petition process.
At Divorce
In a dissolution proceeding, the court must restore your birth name or any former name if you ask, regardless of whether the request appeared in the original petition.2California Legislative Information. California Family Code 2080 The judgment of dissolution itself becomes your proof. This option is only available in dissolutions and nullities, not legal separations.
Common Law Use
California still recognizes the common law right to change your name simply by using a new one, without any court filing. The California Attorney General has confirmed that the statutory process does not replace this right.3California Office of the Attorney General. Attorney General Opinion No. 00-205 You can start going by a different name as long as you’re not doing so to defraud or intentionally confuse anyone.
The limitation is significant. Government agencies like the DMV and Social Security Administration generally will not update their records based on informal usage alone. A common law name change works fine for everyday life but creates problems any time you need official documents to match.
Court Petition
The court petition is the route for anyone who needs official records changed and doesn’t have a marriage or divorce to hang the change on. It’s covered in detail below.
How the Court Petition Works
You file the petition in the superior court in the county where you live.4California Legislative Information. California Code of Civil Procedure 1276 Three main forms drive the process:
- Form NC-100, the Petition for Change of Name, where you state your current name, proposed new name, and reason
- Form NC-110, an attachment with details about each person whose name is changing5Judicial Branch of California. Name and Information About the Person Whose Name Is to Be Changed
- Form NC-120, the Order to Show Cause, which the court uses to set the hearing date6California Courts. Order to Show Cause – Change of Name (NC-120)
The statewide filing fee is $435 as of January 2026.7Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you can’t afford it, request a waiver using Form FW-001. Every petition also requires a declaration under penalty of perjury that you are not required to register as a sex offender.
The Publication Requirement
After filing, you must publish a copy of the Order to Show Cause in a court-approved newspaper of general circulation once a week for four consecutive weeks.8California Legislative Information. California Code of Civil Procedure 1277 Publication costs vary but typically run a few hundred dollars depending on the paper and county.
You file proof of publication with the court before the hearing. If nobody files a written objection at least two court days before the hearing date, the court can grant the petition without holding a hearing at all.8California Legislative Information. California Code of Civil Procedure 1277 When the judge approves the petition, you receive a Decree Changing Name (Form NC-130), which is your official court order.
When Petitions Get Denied
Courts approve most name change petitions. A judge can deny a request only if someone files an objection showing good reason against the change, or if the court finds evidence of fraud or intent to mislead. Common reasons include attempting to evade creditors, dodge a criminal record, or impersonate someone else. The bar for denial is relatively high for adults acting in good faith.
When You Can Skip Publication
Two categories of petitioners are exempt from the newspaper publication requirement, which matters for both cost and personal safety.
Gender Identity
Under the Gender Recognition Act, if you’re changing your name to match your gender identity, you don’t need to publish the Order to Show Cause at all.9California Legislative Information. California Code of Civil Procedure 1277.5 You file the same NC-100 petition, check the box indicating the change relates to gender identity, and skip publication. The court directs interested persons to file any written objection within six weeks. If no one objects, the court must grant the petition without a hearing. Objections based solely on disagreement with the petitioner’s gender identity do not count as good cause to deny.
Domestic Violence or Stalking
If you’re a participant in the Secretary of State’s Safe at Home confidentiality program and your name change is to escape domestic violence or stalking, your proposed new name is kept confidential. The published notice and court order will state that the new name is on file with the Secretary of State rather than printing it publicly.8California Legislative Information. California Code of Civil Procedure 1277 The court is prohibited from disclosing the proposed name unless it finds by clear and convincing evidence that the allegations of domestic violence or stalking are false.
Changing a Child’s Name
Changing a minor’s name requires court approval, and courts evaluate these petitions through the lens of the child’s best interest rather than simply granting what a parent wants. A parent or legal guardian files in the county where the child lives.4California Legislative Information. California Code of Civil Procedure 1276
When both parents consent, the process mirrors an adult petition: both sign, the Order to Show Cause is published, and the court grants the request if no objection is filed and the change appears to serve the child.
When only one parent files, the other must be personally served with notice of the hearing at least 30 days beforehand.10California Legislative Information. California Code of Civil Procedure 1277 – Section (a)(4) If the other parent lives outside California, service by mail is an option. Professional process servers typically charge between $40 and $400. If the non-petitioning parent cannot be located at all, the petitioning parent must demonstrate a diligent search, which may include publishing notice.
Even when one parent objects, the court can still approve the change if the new name serves the child’s best interest. But the court also has explicit authority to deny the petition in whole or in part when both parents don’t consent and the change doesn’t appear to benefit the child.11Justia. California Code of Civil Procedure 1275-1279.6 – Section 1278.5
When a legal guardian petitions to change a ward’s name, the court must first find that the child is likely to remain in the guardian’s care until adulthood and is not likely to return to parental custody. Only then does the court consider the name itself.
Names California Won’t Allow
California’s restrictions are mostly about what characters you can use, not about choosing unusual names.
Names on official records must use the 26 letters of the standard English alphabet. Numbers, pictograms, emojis, and symbols like “$,” “@,” or “#” are not accepted by the California Department of Public Health’s Vital Records division. There’s no official maximum character length, but practical space limits on government forms and databases apply. Diacritical marks have historically been stripped from California vital records, though the governor signed legislation in October 2025 directing the state to allow them. Whether that change has been fully implemented in the state’s electronic systems may vary, so confirm with your local registrar if your name includes accents or tildes.
There is no published list of banned words, but local registrars and courts can reject names they find obscene or contrary to public decency. This discretion is rarely exercised because genuinely offensive name requests are uncommon. Courts have held that the First Amendment does not guarantee the right to put any word you want on a government-issued identity document.
A court will also deny any petition that appears designed to mislead the public, dodge debts, evade criminal liability, or impersonate another person. This is where most denials actually happen. If the judge suspects the motivation behind the petition is dishonest, the petition fails regardless of how ordinary the proposed name sounds.
Extra Rules for Sex Offenders and People in Custody
Two groups of petitioners face additional requirements.
Courts must deny a name change petition from a registered sex offender unless the court specifically finds that granting it serves the interest of justice and will not harm public safety.12California Legislative Information. California Code of Civil Procedure 1279.5 That’s an intentionally high bar, and most of these petitions are denied. The court uses law enforcement databases (CLETS and CJIS) to verify whether a petitioner is on the registry. If a sex offender’s petition is granted, they must notify the chief of police, or the sheriff in unincorporated areas, of the new name within five working days.13California Legislative Information. California Penal Code 290.014 Failing to do so is a separate offense.
People under the jurisdiction of the Department of Corrections and Rehabilitation still have the right to petition, but they must provide a copy of the petition to the department at the time of filing. People sentenced to county jail must provide a copy to the sheriff’s department.12California Legislative Information. California Code of Civil Procedure 1279.5 If the petition is granted, all correctional documentation must use the new name, with prior names listed as aliases.
Updating Your ID After the Decree
A court decree doesn’t automatically update anything. You take a certified copy of your Decree Changing Name to each agency yourself.14Judicial Branch of California. Get Your Name Change Decree Certified copies cost $40 each from the court clerk. Get several, because some agencies keep the copy you submit rather than returning it. If you have a fee waiver on file, the certified copy fee is waived as well.
Most people update their Social Security card first, since other agencies often require an SSA record that matches. The Social Security Administration requires original documents or agency-certified copies and will not accept photocopies or notarized copies.15Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card Acceptable proof includes a court order, marriage certificate, divorce decree, or certificate of naturalization showing the new name. If your name change happened more than two years ago (or more than four years ago for someone under 18), the SSA may ask for additional identity documents in your prior name.
Once Social Security is updated, take the decree to the DMV for your driver’s license or state ID, and then work through banks, insurance, the U.S. Passport Agency, and your employer’s payroll. None of it happens automatically.
Penalties for Fraudulent Name Changes
Providing false information on a name change petition is perjury, since every petition is signed under penalty of perjury. Using a fraudulently obtained name to impersonate another person can be charged under Penal Code 529, California’s false personation statute. The offense covers anyone who assumes another person’s identity and then takes an action that could create legal liability or secure a benefit.16California Legislative Information. California Code Penal Code 529
False personation can be charged as a misdemeanor with up to one year in county jail, or as a felony punishable by 16 months, two years, or three years in county jail, plus fines up to $10,000.17California Legislative Information. California Penal Code 1170 Courts also have the authority to revoke a name change decree obtained through deception, which reverts your legal name to what it was before.