~Milford, MA Town Clerk~

Name Changes

If I want to use a new surname after my marriage, how should I change my name?

In addition to being a marriage application form, the MA Notice of Intention of Marriage form also operates as a legal name change document should you choose to change your name upon marriage.

Questions 3A and 11A on the Notice of Intention ask for the surname you wish to use after marriage. By completing that question, your marriage certificate will identify you by your new name.

A certified copy of your marriage certificate will allow you to change your name with the Social Security Administration. If you intend to marry but are not sure you want to change your name, you can always change your name at a later point.

The advantage to changing your name at the time of marriage is that it allows you to avoid the $165 fee for initiating a name change through the usual process at the probate court. The usual process is still available to you if you choose to wait.

I was recently married/divorced and need to correct my name on my MA license/id.      What do I need to do?

You should make the change with the Social Security Administration (SSA) before you change your name on your driver's license. This is to ensure that the SSA recognizes your new name when the RMV attempts to validate your SSN

Please visit any full service RMV office. You will need your social security card w/ your new name, a completed License and ID Update Form, and $20 to have the amended license/id issued.

If I did not change my surname on my Notice of Intention of Marriage, how do I change my name?

A person wishing to obtain a change of name must file a petition in the division of the Probate and Family Court located in the county in which the petitioner lives.  The Court must request from the Office of the Commissioner of Probation a criminal record check of the petitioner in the Criminal Activity and Records Information (CARI) system. 

Public notice of the petition must be given by publication, although the petitioner may file with the Court a Motion to Waive Publication.  A copy of the petitioner's birth record, and copies of a record of any previous name changes, if available, must be filed with the Court.  If there are objections to the petition, the Court will conduct a trial where the objections are heard.  The Court can either dismiss the petition or enter a decree permitting the requested name change. 

If the name change is permitted, the register will issue a certificate under the seal of the Probate and Family Court, establishing the new name.  Additionally, the Office of the Commissioner of Probation must be notified of the name change if the petitioner has a CARI record.

In order to initiate a change of name, you must file with the court the following: 

·       Petition (form available at the court)
·       Certified copy of birth certificate
·       Affidavit Disclosing Care or Custody Proceedings (if this change of name is for a child)
·       Certified copy of and prior name changes (marriage certificate, court decree, judgment of divorce, etc.)
·       $165.00 filing fee - cash or money order only

Below are the instructions for Change of Name petitions.  

Married adults must have the written ascent of their spouse to their change of name AND must file a certified copy of their marriage certificate. 

Divorced adults must file a certified copy of their divorce judgment. 

Minor children should have the written assents of both parents.  One of both parents may sign their assent on the petition itself.  For children born out of wedlock we will need a certified copy of an adjudication of paternity or a voluntary acknowledgement of parents. 

A citation for publication and mailing will be sent to you by the Court.  You must arrange to have the citation published and mailed according to the instructions given in the Order of Notice on the citation.  Mailing must be by certified mail, return receipt requested.  After publication and mailing, return the ORIGINAL citation, with your signature certifying that you mailed and published as ordered, along with a clipping of the notice from the newspaper and the green return receipt(s), to the Court. 

ALL CITATIONS FOR CHANGE OF NAME ARE PUBLISHED.  If you have good reason that it should not be published you must file a motion to waive publication and an affidavit (a sworn statement) stating facts as to why you do not wish to have this information published.  You may have to be before the Judge personally to explain your reasons. 

The decree changing your name will not issue until sometime after the return date shown on the citation. 
You may, in some cases, be required to present your petition personally to the Judge. 
A criminal record check will be done for all petitioners over the age of 7 years. 
Certified copies of birth/marriage/divorce records are usually readily obtainable.  If, however, yours is from another state or country and you want it returned to you, you must file a motion requesting its return.