Rule 95 | Change of Name

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 95 | Rules of Civil Procedure | Rules Relating to Special Actions | Change of Name

95.01 | Petition for Change of Name – Contents

The petition for change of name shall be verified and shall state:

(a) The present name of petitioner and the name desired;

(b) The reason for such desired change;

(c) That the petitioner is a resident of the county in which the change of name is sought;

(d) The date and place of birth of petitioner and petitioner's father's name and mother's maiden name;

(e) If petitioner is married the name of petitioner's spouse and if petitioner has children the names and ages of each and their place of residence;

(f) If petitioner's name has previously been changed, when and where and by what court;

(g) Whether any judgment for money which has not been satisfied is pending against petitioner and, if so, the style of the case wherein the judgment was entered and the court in which the judgment was entered;

(h) Whether any action for money is pending against petitioner and, if so, the style of the case and the court in which it is pending; and

(i) That the change of name will not be detrimental to any other person.

Committee Note – 1981

The source is prior Rule 95.01.

The detail which is required to be stated in the petition was added to aid the bar in determining relevant factors which should be brought to the attention of the court.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 95 | Rules of Civil Procedure | Rules Relating to Special Actions | Change of Name

95.02 | Joint Petition for Family

Parents and minor children may join in a petition for change of name and the petition shall state the facts herein required of the parents and the name of the minor children may be changed at the discretion of the court.

Committee Note – 1981

This is new.

It is designed to allow one petition to take the place of several where an entire family is seeking a change of name.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 95 | Rules of Civil Procedure | Rules Relating to Special Actions | Change of Name

95.03 | Petition for Change of a Minor's Name – Notice to or Consent of Parents

When a minor files a petition for change of name the written consent of each known parent shall be filed. If the written consent of each known parent is not filed, a copy of the petition together with a notice stating the date of the hearing shall be served on each known parent not consenting not less than thirty days before the date of the hearing. The service shall be by registered or certified mail addressed to the last known address of the nonconsenting parent. Service shall be proved by the certificate of the clerk that he has mailed a copy of the petition and notice by registered or certified mail.

Committee Note – 1981

This is new.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 95 | Rules of Civil Procedure | Rules Relating to Special Actions | Change of Name

95.04 | Order of Change of Name – When

The court shall order the desired change of name if it finds that the change would be proper and not detrimental to the interests of any other person.

Committee Note – 1981

This is substantially the same as that portion of prior Rule 95.01 following the semi-colon.


(Adopted June 10, 1980, effective January 1, 1981.)

First Adopted: June 10, 1980

Most Recently Effective: January 01, 1981

Rule 95 | Rules of Civil Procedure | Rules Relating to Special Actions | Change of Name

95.05 | Publication of Notice of Change of Name

When a change of name is granted notice of the change shall be published at least once each week for three consecutive weeks in a newspaper of general circulation published in the county where the change of name was granted. If there is no such newspaper, then the publication shall be in a newspaper designated by the court. Proof of the publication shall be filed with the clerk within ten days after the date of last publication.

Committee Note – 1981

The source is prior Rule 95.03.

The last sentence requiring proof of publication to be filed is new and it was added so that the record would show that the publication was made.


(Adopted June 10, 1980, effective January 1, 1981.)