Name Change
Name Change For Adults
This information is intended to be a guide for adults who would like to legally change their name. It does not set forth the law on changing names. For a complete understanding of the law see Chapter 735 of the Illinois Compiled Statutes, Section 5/21-101 et seq., or consult with an attorney.
Illinois Legal Aid Online provides a guided interview that will ask you a series of questions related to your name change and then the program will complete the forms for you. It is free to use.
Odyssey Guide and File also offers a similar guided interview that will ask you a series of questions. The program will complete the Name Change forms and help you e-file. It is also free to use.
File your Request for Name Change with the Circuit Clerk online, or you can come to Room 136 to request assistance with the electronic filing of your case. The filing fee for a Name Change case is $314.00. Minors cannot be included in the same case as an adult, a separate case for Minor Name Change must be filed. Call the Circuit Clerk Civil Division at (815)334-4310 to request a court date. That court date will be used in your Publication Notice of Court Date for Request for Name Change. You must appear in court on your designated court date at 9:00 a.m. Bring with you the original publication from the newspaper and the completed Order for Name Change for the Judge’s signature. If you do not appear on the date used in your publication, the Judge will not hear your Request and you will need to re-publish and come back to court on the date used in your second publication.
Fill out the Publication Notice of Court Date for Request for Name Change. It must be placed in a newspaper published in the municipality in which the person requesting the name change resides or if there is not a newspaper published in the municipality in which the person requesting the name change resides, in a newspaper published in McHenry County. The publication must take place for three (3) consecutive weeks after the filing of your Request; published one (1) day each week; the first publication date must be at least six (6) weeks plus one day before the hearing date. You must use the court date given to you by the Circuit Clerk’s office in your Publication Notice of Court Date for Request for Name Change.
If you believe that publication would put you at risk of hardship (including a negative impact to your health and safety), you can go to court and ask the judge to let you skip that step. To request to skip the publication step complete and file the Motion to Waive Notice and Publication.
After court, you can return to the Circuit Clerk and obtain a certified copy of the court order for a $6.00 fee.
Name Change For minors
Illinois Legal Aid Online provides a guided interview that will ask you a series of question related the Minor Name Changes and then the program will complete the forms for you. It is free to use.
File your Request for Name Change with the Circuit Clerk online. The filing fee for a Minor Name Change is $314.00. Call the Circuit Clerk Civil Division at (815)334-4310 to request a court date. This court date must be used in your Notice of Court Date for Request for Name Change. Both parents can sign the Request.
You are required to give notice of the Request for Name Change and hearing date to any other parent of the minor whose parental rights have not been terminated and to any other person who has physical custody of the minor. This notice should be given by mailing a copy of the Request for Name Change and Notice of Court Date for Request for Name Change to those individuals by certified mail with return receipt requested, a reasonable amount of time before the date of hearing, or by personally delivering a copy of the Request and Notice of Court Date for Request for Name Change through the local sheriff or other authorized person, a reasonable amount of time before the date of hearing.
If you do not know the whereabouts of the non-custodian and reasonable efforts to locate the non-custodian have been unsuccessful, the non-custodian can be served by publication with a Publication Notice in a newspaper published in the municipality in which the minor resides or if there is not a newspaper published in the municipality in which the minor resides, in a newspaper published in McHenry County. The publication must take place for three (3) consecutive weeks after the filing of your Petition; the first publication date must be at least six (6) weeks plus one day before the hearing date. You must use the court date that you were assigned by the Circuit Clerk’s office.
If you believe that publication would put you or the child at risk of hardship (including negative impact to your health and safety), you can go to court and ask the judge to let you skip that step. To request to skip the publication step complete and file the Motion to Waive Notice and Publication.
You must appear in court at 9:00 a.m. on your designated court date. Bring with you the original publication from the newspaper and the completed Order for Name Change for the Judge’s signature. You must appear in court on the date designated in your Notice of Court Date Request for Name Change. If you do not appear on the date used in your publication or Notice of Court Date the Judge will not hear your Request and you will need to re-publish and come back to court on the date used in your second Publication Notice or Notice of Court Date. The Judge may want to interview the child to ascertain the child’s wishes with respect to the name change
After court, you may return to the Circuit Clerk and obtain a certified copy of the Court order for a $6.00 fee.
Waiver of Court Fees in Civil Cases
If you cannot afford the filing and copy fees, you can ask the Court to have them waived or reduced. Illinois Legal Aid Online provides a guided interview to help you prepare the documents required to request to file your case for free or at a reduced cost.