Legal Name Change in Delaware: Court-Ordered Process
Petition the Delaware Court of Common Pleas for a name change. We’ll fill out the petition + every follow-up form for free.
A court-ordered name change in Delaware uses a verified petition filed at your county Court of Common Pleas under Delaware Code Title 10, Section 5901. Delaware has just three counties — New Castle, Kent, and Sussex — so jurisdiction is straightforward. Filing fees typically run $100-$300; newspaper publication is required for 3 weeks in 1 newspaper, adding $50-$150; certified copies $5-$15 each. The process takes 6-10 weeks from filing to your signed order. We fill out all the forms — petition, order granting name change, fee waiver if needed — and walk you through Social Security, passport, DMV updates after the hearing.
Delaware Name Change Forms
Delaware does not publish statewide form numbers — counties supply their own petition templates through the Court of Common Pleas.
Verified (notarized) petition with current name, requested name, reason for change, and county residency declaration.
Final court order signed by the judge after your hearing. Your legal proof of name change.
Proof from your chosen newspaper that notice ran for 3 consecutive weeks before your hearing.
If you can’t afford the $100-$300 filing fee. Approved based on financial hardship.
Step-by-Step Delaware Name Change Process
The same 4-step path in all three Delaware counties, with local variation in fees and forms.
Step 1: File Your Petition with the Court of Common Pleas
File at the Court of Common Pleas in the county where you currently live — New Castle (Wilmington), Kent (Dover), or Sussex (Georgetown). The petition must be verified (notarized) and include your current name, desired new name, and reason for the change.
Under Delaware Code Title 10, Section 5901, any person who wants to change their name must present a verified petition to the Court of Common Pleas in the county where they reside. The clerk reviews your paperwork, collects the fee, and assigns a case number. You’ll receive a filed-stamped copy of your petition and a hearing date — typically 6-8 weeks out, allowing time for the publication period.
Court locations:
- New Castle County — Court of Common Pleas, 500 N King St, Wilmington, DE 19801
- Kent County — Court of Common Pleas, 38 The Green, Dover, DE 19901
- Sussex County — Court of Common Pleas, 2 The Circle, Georgetown, DE 19947
Delaware has specific restrictions for individuals under Department of Correction supervision. These individuals can only change their name through a court petition, and only when the court finds the request is motivated by a sincerely held religious belief. The Department of Correction receives notice and can oppose the name change.
Step 2: Publish Notice (3 Weeks)
Delaware requires publication of your petition in 1 county-approved newspaper for 3 consecutive weeks before your hearing. Cost: $50-$150 depending on the newspaper.
Publication notifies anyone who might object to your name change. You can choose any qualifying newspaper of general circulation in your county — compare prices, they vary widely.
Publication exemptions may be available if you’re a victim of domestic violence, stalking, or sexual assault and can provide evidence to the court. Some courts also grant publication exemptions for gender identity name changes or other safety concerns. Request the exemption when you file the petition.
After publication runs, get a notarized affidavit from the newspaper and bring it to your hearing as proof.
Step 3: Attend Your Court Hearing
Hearing scheduled 6-8 weeks after filing, after the publication period ends. Brief proceeding, typically 5-10 minutes. The judge verifies your identity, residency, and reasons.
Bring: photo ID (driver’s license or passport), proof of publication (affidavit from the newspaper), supporting documents explaining your reason, and copies of your filed petition.
Common questions the judge will ask:
- Why do you want to change your name?
- Are you trying to avoid debts or legal obligations?
- Do you have any criminal history that would make the name change inappropriate?
- Is this request part of a gender identity transition or other personal reason?
Be honest and direct. Valid reasons include personal preference, cultural significance, gender identity affirmation, simplifying pronunciation, or family reasons. Judges routinely approve name changes for legitimate personal reasons. Dress professionally and arrive early to check in with the clerk.
Step 4: Get Your Certified Order
Once the judge approves, you receive a signed Order Granting Name Change. Request 3-4 certified copies from the clerk immediately — $5-$15 each.
After Your Court Order: Updating Your Documents
Federal first. Social Security, then everything else cascades.
Show 6-step update checklist
Form SS-5 with certified order. Free, 2-4 weeks. Required first.
DS-82 ($130, order <1 year old) or DS-11 ($160). 6-8 weeks.
Visit the Delaware Division of Motor Vehicles. Bring certified order + new SS card.
Update with your county election office or online. Free.
Form 8822 by mail. Free. Important before tax season.
Order + new license at branch. Same day.
Special Situations in Delaware
Delaware has specific protections for minors, gender identity, and domestic violence survivors.
Show special situations (minors / gender / DV)
Minor Children Name Changes
Both parents typically must consent to the petition. Delaware Code Section 5902 governs minor name change requirements.
- Both parents must consent — or the petitioning parent must prove diligent effort to locate and notify the other parent
- Court may require additional steps — if one parent objects or cannot be located
- Best-interest standard applies — the judge evaluates whether the change serves the child’s interests
- Verify procedures with your county court — specific procedures vary by county
See our minor name change guide for the full process.
Gender Identity Name Changes
Delaware courts regularly approve name changes for gender identity transitions. You don’t need to disclose personal medical information — simply stating that the name change is for gender identity reasons is typically sufficient.
- No medical documentation required — stating gender identity is a sufficient reason
- Publication waivers — some courts waive publication for transgender petitioners
- Privacy protections — request sealed records to protect your safety
- Expedited processing — some courts offer faster scheduling
See our gender identity name change guide.
Domestic Violence Considerations
If you’re changing your name for safety reasons related to domestic violence, inform the court. Many jurisdictions waive publication requirements or allow confidential filing procedures to protect survivors.
- Publication waiver — skip newspaper publication entirely
- Confidential filing — your address and case kept confidential in court records
- Expedited processing — faster court scheduling available
- Contact the court clerk — about available protections before you file
Delaware Name Change Cost Breakdown
Total: $300-$650 typical. $0-$200 with a fee waiver.
Show full cost table
| Expense | Delaware Range | Notes |
|---|---|---|
| Court Filing Fee | $100-$300 | Varies by county; fee waiver available |
| Newspaper Publication | $50-$150 | 3 weeks, county-approved newspaper |
| Certified Copies (3-4) | $15-$60 | $5-$15 per copy |
| DMV License Update | $20-$40 | After receiving certified order |
| Passport Renewal | $130-$160 | DS-82 or DS-11 |
| Total | $300-$650 | Before fee waivers |
Other state guides
See all 50 state legal-name-change guides
Frequently Asked Questions
How long does a legal name change take in Delaware?
A Delaware court-ordered name change typically takes 6-10 weeks from filing your petition at the Court of Common Pleas to receiving your signed order. This includes the required 3-week newspaper publication period and scheduling the hearing. The hearing itself usually lasts 5-10 minutes.
Where do I file my name change petition in Delaware?
Delaware name change petitions are filed at the Court of Common Pleas in the county where you reside. Delaware has only three counties: New Castle (Wilmington), Kent (Dover), and Sussex (Georgetown). Under Delaware Code Title 10, Section 5901, the petition must be verified (notarized).
How much does a name change cost in Delaware?
Delaware name change costs typically run $300-$650 total. Court of Common Pleas filing fees are $100-$300 depending on the county, newspaper publication runs $50-$150 for the required 3 weeks, and certified copies are $5-$15 each. A fee waiver is available if you can’t afford the filing fee.
Is newspaper publication required for a Delaware name change?
Yes, Delaware requires publication of your name change petition in a county-approved newspaper of general circulation for 3 consecutive weeks before your hearing. The court may waive publication for survivors of domestic violence, stalking, or sexual assault, and some courts grant waivers for gender identity name changes for safety reasons.
Do I need a lawyer for a Delaware name change?
No lawyer is required for a Delaware name change. The Court of Common Pleas process is designed for self-representation, and most petitioners handle it without an attorney. Consider hiring a lawyer if you have complex circumstances such as a contested minor name change under Delaware Code Section 5902 or someone formally objecting to your petition.
How do I update my Delaware driver’s license after a name change?
After receiving your certified order from the Court of Common Pleas, update Social Security first (Form SS-5, free), then visit a Delaware Division of Motor Vehicles office in person with your certified order and updated Social Security card. The DE DMV will issue a new license reflecting your legal name change.
Ready to File Your Delaware Petition?
We’ll generate your verified petition, the proposed order granting name change, and the fee waiver if you need it — filled out and ready to sign. Plus every Social Security, passport, and DMV form for after your hearing.
Start Your Free Delaware Court PetitionLast verified 2026-04-26 · Not legal advice · Terms · Privacy