Delaware Name Change Laws: No More Publication, Which Court to File In

Delaware splits its name-change cases by type. Ordinary adult petitions go to the Court of Common Pleas, while Family Court handles minors, divorce-related changes, and paternity-related changes. Delaware also repealed its newspaper-publication requirement outright, effective April 28, 2022, so most petitioners no longer need to publish notice at all.

This guide covers which court to use, Delaware's unusual restriction on people under Department of Correction supervision, and the minor-consent rules that apply to a parent-filed petition.

Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.

Which Court to File In

Delaware's general rule sends adult petitioners to the Court of Common Pleas in the county where they live, under 10 Del. C. Section 5901. Family Court, however, has jurisdiction over three specific situations: a name change filed as part of a divorce proceeding, a name change as part of a paternity-establishment case, and any name change for a minor. Which court applies depends on the reason for the change, not the petitioner's age alone, so confirm the correct venue before filing.

Filing Fee

The Court of Common Pleas petition fee is $85.00, which includes a $10.00 Court Security Assessment. Family Court fees for minor, divorce-related, or paternity-related petitions were not confirmed for this guide; check directly with Family Court.

Minor Name Changes

A minor's petition goes to Family Court. Under 10 Del. C. Section 5902, at least one parent, or a legal guardian if both parents are deceased, must sign the petition, and if the minor is over the age of 14, the minor must also sign. Under 10 Del. C. Section 5904, a presumption favors granting the petition when a parent or guardian is adding their own surname to the child's name; anyone opposing the change must prove, by clear and convincing evidence, that it would cause more harm than benefit, weighed against factors set out in the statute.

Name Change After Divorce

Delaware gives Family Court jurisdiction over a name change filed as part of a divorce proceeding, under 10 Del. C. Section 5901(b)(1). That said, the statute grants jurisdiction rather than spelling out an automatic restore-the-former-name right the way some states do; the practical mechanism, whether it is a request within the divorce case or a linked filing alongside it, is best confirmed with Family Court's civil rules or self-help resources directly. See Delaware divorce laws for the broader divorce process.

Publication

Delaware affirmatively repealed its publication requirement. 10 Del. C. Section 5903, «Publication of petition prior to filing,» is marked repealed in the current Delaware Code, effective April 28, 2022. There is no newspaper-notice step for a Delaware name change today.

Restrictions

Delaware does not apply a general felony bar to name changes. Instead, its restriction is aimed specifically at people currently under Department of Correction supervision: 10 Del. C. Section 5901(c)-(d) abrogates the common-law right to change one's name for anyone under DOC supervision, and permits a change only for a sincerely held religious belief or gender identity, with notice to DOC. Anyone with a past conviction who has completed their sentence and is not currently under DOC supervision is not covered by this specific restriction.

Separately, registered sex offenders who do change their name must re-register with the Delaware State Police in person within 3 business days, under 11 Del. C. Section 4120.

Marriage-Based Name Change

Delaware has no statute specifically codifying marriage-based name changes. A newly married person typically updates their last name by presenting a marriage certificate to the Social Security Administration and the Delaware Division of Motor Vehicles, the customary practice used in most states without a dedicated marriage statute.

Domestic Violence and Safety Considerations

The materials reviewed for this guide did not surface a Delaware-specific confidentiality program built directly into the name-change statutes. Anyone changing their name for safety reasons should raise the concern directly with the Court of Common Pleas or Family Court clerk handling the case. A restricted or sealed state court record, where available, does not automatically make a new name confidential with the Social Security Administration or the U.S. State Department, which apply their own separate rules.

Related Delaware Records

See Delaware marriage and divorce records for obtaining certified copies your petition may require, and Delaware court records for how name-change case files fit into the state's broader court-records rules.

For the general nationwide process, see how to legally change your name, what it costs to change your name, and the post-name-change checklist.

Disclaimer

This article provides general information about Delaware name-change law. It is not legal advice and does not create an attorney-client relationship. Verify current fees, forms, and procedures with the Court of Common Pleas or Family Court where you plan to file, or with a licensed Delaware attorney, before relying on anything here for a specific situation.

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Last updated: 2026-08-11. Fees and forms reflect their published status as of August 2026.