So you are wanting to change your name and you want to know how to change your name or what to expect if you are meeting with an attorney about legally changing your name. Well, here are the steps that will be required when you want to change your name in South Carolina. Legal name changes are governed by South Carolina Code Section 15-49-10.
Before a name change petition can be filed with the Family Court, you must take care of some administrative things. First you have to request a name change kit from the State Law Enforcement Division (SLED). This kit will include information on ordering a background check and a fingerprint card. You should go to a local law enforcement office to get fingerprinted. That fingerprint card should be sent in with the background check form along with a check for $25.00. A few days later you will receive a copy of the background check from SLED.
You must also obtain a screening statement from the Department of Social Services stating that you are not on any child abuse or neglect registries. There is an $8.00 charge for this statement. You will need to fill out a form and mail the form and payment in and several days later you will receive that report.
You should also get verification that you are not on the State Sexual Offender Registry.
After that, you or your attorney will file a petition for name change with the Family Court asking for the legal name change. From there you will most likely have a hearing where you have to testify before the judge about the reason you are seeking a name change. The statute does not say that a hearing is absolutely required, so to me that leaves it up to the discretion of the judge. I have seen it go both ways, where a judge signs a name change order without a hearing and other times where the judge requires a hearing.
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I notice it says that subsection (B) does not apply to a person seeking to return to the person’s maiden name. I’m hearing it both ways. Do I need the fee and SLED, etc?
Hi Tracy,
If you are seeking to change your name while going through a divorce or separate maintenance action then you do not normally have to go through all of the steps like the SLED background check and sex offender registry check. This usually only applies when you are only filing an action to change your name.
Just wondering what the steps would be in changing the last name of your children? Their father has lost all rights to them.
What if you just want to add a legal middle name???
What if you want to change your child’s middle name only?
I live outside the country, I have been for almost the last 15 years, I am curently working for the DEA. I will be finishing up soon and I want to change my name to just start over, the DEA says that I don’t need to but for me I would just feel more comfortable. I want to do it before I get back just because I don’t want any trace of my old name coming back. How can I do this using my sisters address in the US. Would the finger prints be able to be done by the DEA. Would I be able to give a power of aturny to somone to be present at trial?
Sorry but there is always a trace of the old name tied to the new name. All of your gov records IRS and SS records are noted.
My sons father pays court ordered child support but has nothing to do with him other than that. The guy that I am going to marry next year has been in his life since day one and we want to change my sons last name to his but not adopt him because we want his biological father to continue to pay court ordered child support. Can we do this? If so how and what do we have to do? Oh and my son carries my last name currently.
You are getting remarried, and still want to soak the ex for child support? I pity the chump who married you.
If I am wanting to change a Child’s name do I still have to get the kit and go to SLED? My son’s father is being held in prison for a federal offense in NC and the child has the same last name as him. I have full custody and the father has no rights to the child. I want to change his last name to mine. What is needed to do this?
I just want to change the suffix of my name, for example say my name was John Smith III but my birth certificate has the name as John Smith Jr, which would be my fathers name. My Son is John Smith 4, so i would like my legal name to be John Smith 3. Do I still have to go through all the same hoops, I am guessing the answer is yes.
Hi John,
Thanks for your question. I’m afraid you are going to have to go through the same process as if you were changing your entire name.
Tripp
Hi Tripp,
Let me add my thanks for this information. If I may ask one more question; how does one apply for the name change kit from SLED? Also, for a simple last name change for an adult (not going back to a maiden name, but rather changing surname to a maternal family name) how much would your firm charge and what would be the time frame? Again, thanks so much.
ok how long after filing for a petition how long does it take for you to go to the hearing
The time for the hearing can vary from county to county depending on the court’s backlog of cases. Generally, it will take between several weeks to several months (depending on the county).
What if you are gay and getting legally married in another state? What steps would you have to go through to change your last name? Thanks!
Hi Pamela,
If you are a legal resident of SC, then the process to change your name is going to be the same as outlined in the post (including the background checks). Usually, when you get married, the name change will be done with the marriage license, but since the SC Code does not recognize same-sex marriages, I doubt you will be able to use your marriage license in SC to change your name.
Tripp
My husband and I entered a marriage contract in 2010, which is also known as Common Law Marriage. This is still legal in South Carolina, but we are having a hard time getting the agencies to assist me with changing my name to my husband’s. According to the statute, a clerk is supposed to keep a record of such marriages, but when I called that office in Lexington, they did not have any idea what I was talking about. They use as an excuse their inability to interpret the law, but the statute spells it out clear enough concerning Common Law Marriage. Everyone I spoke to from the DHHS, to Family Court, to Court of Common Pleas are under the impression that a marriage license is what we need. It was disappointing to find our tax dollars paying people that do not know how to do their jobs. Please help, I just want my husband’s last name. We have a child together and our friends, family and church are aware of our union for the last two years. Marriage licenses are silly and originally used for couples that wanted interracial marriage. What is wrong with the American people today? We get a license to drive cars, not to be with people we love (my quote). Should we sue for costs if having to go through the long and drawn out name change process and for the agencies to apologize for the way they handled my phone calls? Also, we do not have money to pay a lawyer to correct those that do not know their job descriptions. What should we do? Thanks.
What if you kept your married last name to have the same last name as your child, but more than 10 yrs. after your divorce you want to change your last name back to your maiden name, however it is not specified in the divorce papers whether you could change it back or not. Would you still have to go through all of the steps listed above? Thanks for your help!
Hi Marissa,
Since the name change was not done as part of the divorce action you will have to go through the same process outlined in the post…getting background checks and filing a petition for a name change.
Thanks,
Tripp
Trip,
I am by no stretch of the imagination an interpreter of the law but I was wondering what it meant by this part of the name change law in SC:
SECTION 15-49-10. Application for change of name.
(A) A person who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known.
Is this saying one can legally change his or her place or birth from one city to another (e.g. Charleston, SC to New Haven, CT)?
Hi Mike,
That provision you referenced is stating the requirements for a name change petition, not that you can change the information such as birth city, etc. So, to change your name you must provide that information to the Family Court by way of a petition, but the only thing changing will be the name.
Tripp
How does it cost and what do I have to do to change the last name of a child who has my last name but is not my child
How do I go about obtaining a name change kit from the SLED?
You can visit a local SLED office in your county or you can call SLED in Columbia for more information. The “kit” is really just the form to request the criminal background check and the finger print card. You will get fingerprinted at a local law enforcement center, complete the background check information and return both items with a check for $25 and a pre-paid envelope to SLED to complete the background check for you. Once they have completed the check they will return the background check to you.
I called SLED and they are mailing me the name change kit. No hassles what so ever with it.
Tripp,
My husband and I were married more than 20 years ago. I kept my name at the time for business reasons. I am now a “little old retired lady” and would like to finally take my husband’s name. Do I have to do a background check, fingerprints, etc., or is the original marriage license and a completed application form sufficient???
Thanks!
Hi Betsy,
Thanks so much for your question. Here is what I would suggest you try: if your marriage license was completed such that you would take your husband’s name then you can try to take that down to Social Security and the DMV to work on getting your name changed. I would probably try that first before you invest in the legal fees for a name change. That may not work since 20 years have passed and because the DMV regularly requires a court order before they will change a name on a drivers license or ID.
If you run into a dead-end at the DMV, then I’m afraid you will be stuck needing to go through the name change process including the background checks and finger prints.
Best of luck!
Tripp
Hi Tripp,
In 1988, the divorce from my first husband was finalized. At that time, I changed my last name to my mother’s maiden name. I have my birth certificate that states that her maiden name was Frome, I have my social security card, my NYS driver’s license, my SC voter registration, a local home address (five years, now), 25 years worth of federal and state tax returns, divorce records, and a SC marriage license that all I say I am Carol Frome. I have failed more than once to get my driver’s license here in SC because I did not take my husband’s name. If, on my current marriage SC license, I had taken my husband’s name, I would not have been denied a license. But because I kept my name, the very same document that would satisfactorily prove that I am Carol [husband's name] is not good enough to prove I am Carol Frome. What to do?
Hi Tripp,
Thank you for the wealth of information of this subject. I was wondering if you could provide a ballpark figure of the court filing fees for a name change?
Thanks,
Kim
Typical costs for the name change process include a $150.00 filing fee for the new action in Family Court, a $25.00 background check fee to SLED, and an $8.00 registry check fee to DSS.
Tripp,
My first and last name was changed by my mother when I was 7. She also terminated my dads rights. Now I’m 25 and trying to get my birth name back. Is it the same process or what do I do.
My email is twiztidreaper87@yahoo.com
Ty
Hi there,
The process to change your name back to your birth name will be the same as the process outlined in the post.
Thanks,
Tripp
Tripp,
Maybe I missed seeing this, but where do you get the clearence for the sex offender registry?
Also, this is GREAT infoamtion you have provided!
Hi Robin,
Great to hear SLED is sending the kit over to you. The sex offender check will be noted by SLED on your background check results.
SITUATION: My wife has recently discovered the last name on her birth certificate is not the same as she has been using all her life. Needless to say now she cannot get a new driver’s licence. She has all paperwork and social security number, but there is nothing to link her last name to the name on the birth certificate. Can you give me advise on the best way to handle this. Thank You
Hi Baron,
Unfortunately, the only way to fix this is to have a legal name change done through the family court where the court issues an order awarding the name change. That process is set out in this post, or I’m happy to schedule a time to meet to discuss representation for helping your wife with the process.
Thanks,
Tripp
Tripp,
I have a 17 yr old son who wants to change his name. His father has not been in the picture since he was 8 or 9 and child support stopped around then too. I have since moved to South Carolina and he wants to change it before the beginning of his Senior Year for colleges/military etc. He is a “Jr.” , his father we have found is an ex-criminial now and my son wishes not to be associated with him or his name. Can we do that with out trying to find in his dad is living or dead? We don’t know where he may be or what state he may be in at this time. Does he have to go through SLED and all that as well? What steps does he have to take or must I petition the court of his behalf or should he wait until his 18th birthday?