North Dakota Name Change Laws: Court Process, Fees, and Publication Rules

North Dakota name changes are decided by a district court judge, not an administrative clerk, and the state still requires newspaper publication before a judge will act, unlike a growing number of states that have dropped that requirement. The filing fee also recently doubled: it rose from $80 to $160 on July 1, 2025, though North Dakota's own posted self-help instructions still show the old figure.

This page walks through the current adult petition process under N.D.C.C. Chapter 32-28, the state's publication rule and its two narrow waivers, the felony bad-faith presumption that applies to petitioners with a criminal record, and how divorce-related and marriage-related name changes fit into North Dakota law.

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

How to Change Your Name as an Adult in North Dakota

An adult name change is filed as a petition in district court in the county where the petitioner has resided for at least the past 6 months, under N.D.C.C. § 32-28-02. The petitioner must be a U.S. citizen or permanent resident. North Dakota's Administrative Office of the Courts publishes a self-help packet (Notice of Petition, Petition, Affidavit of Petitioner, Confidential Information Form, and a proposed Order) that walks through the filing steps, though the court system explicitly disclaims these as not official forms that a court is required to accept.

The filing fee is $160, effective July 1, 2025, confirmed on the official district court fee schedule; that schedule superseded the previously posted $80 figure that still appears in the state's separate, older self-help instructions. Fee waiver forms are available for petitioners who cannot afford the filing fee. An in-person hearing is not required unless the judge decides one is necessary.

Changing a Surname by Consistent Usage

North Dakota also recognizes a route that involves no court at all. N.D.C.C. § 14-03-20.1(1) provides that every person has the right to adopt any surname by which that person wishes to be known by using that surname consistently and without intent to defraud. Subsection 5 reinforces the point in the marriage context: neither using nor declining the marriage-license surname option abrogates the right of either party to adopt a different surname through usage at a future date.

The limit matters as much as the right. Usage produces no court order and no certificate, so it will not satisfy an agency that demands a decree or other documentary proof of the change. The statute's own evidence safe harbor, which makes compliance with the surname and middle-name provisions sufficient under § 39-06-07.1, is tied to the marriage-license election rather than to usage alone. A petition under Chapter 32-28 remains the route that generates the paperwork most institutions ask for, and the usage right does not extend to first or middle names.

Changing a Minor's Name in North Dakota

The statute governing minor petitions is thinner than in many states: it does not specify who may file on a minor's behalf or require both parents' consent. What it does require is that the court consider appointing a guardian ad litem for a minor petitioner, and that notice be published in the official newspaper of the county where the minor lives and, if different, of each parent's county. If a noncustodial parent exists, a copy of the published notice must be mailed to that parent's last known address within 10 days of publication, with an affidavit of mailing filed with the court.

There is no separate best-interest-of-the-child standard for minors. The same general standard applies as for adults: the court looks for proper and reasonable cause, and denies petitions made to defraud or mislead, made in bad faith, that would injure another individual, or that would compromise public safety.

Name Changes in Connection With Divorce

Unlike states with a dedicated divorce-restoration statute, North Dakota handles a divorce-related name change through the same general § 32-28-02 petition process, not a separate provision in the marriage-dissolution chapter (Chapter 14-05). A full review of that chapter's 38 sections turned up no restoration provision at all. What § 32-28-02 does provide is an exception: a petition filed in conjunction with the annulment of a marriage under Chapter 14-04, or the dissolution or separation of a marriage under Chapter 14-05, is exempt from the criminal history record check, but the petitioner still goes through the standard court process, including publication and the filing fee.

Publication Requirement and Waivers

Publication in the county's official newspaper is required by default. Once published, the judge may act on the petition 30 days after the publication date, and the petitioner must file an affidavit of publication, provided by the newspaper, with the court.

Publication may be waived only in two narrow circumstances: the petitioner is changing solely a first or middle name (not the surname), or the petitioner demonstrates they are a victim of domestic violence as defined under North Dakota law. For a minor whose noncustodial parent lives in a different county, publication must run in both counties' official newspapers, on top of the separate mailed-notice requirement.

Restrictions: Criminal History and the Felony Bad-Faith Presumption

The court may require a statewide and nationwide criminal history record check, at the petitioner's expense. Under § 32-28-02(2), that requirement does not apply to a name change requested as part of a marriage license application under § 14-03-20, to one requested in conjunction with the annulment of a marriage under Chapter 14-04 or the dissolution or separation of a marriage under Chapter 14-05, or to the change of a minor's name unless the court has reason to believe the request is being made to defraud or mislead, is not being made in good faith, will cause injury to an individual, or will compromise public safety. All three exceptions, the minor exception included, sit in the enacted statute itself rather than in the court's self-help materials.

The more significant restriction is a presumption, not a categorical bar: a petitioner with a felony conviction is presumed to be acting in bad faith or to defraud, and must rebut that presumption with clear and convincing evidence that the request is made in good faith, will not injure anyone, and will not compromise public safety. This is a meaningfully higher bar than a simple good-cause standard. If a name change is granted to a petitioner with any criminal history, the court must report it to the state Bureau of Criminal Investigation within 10 days.

No North Dakota-specific categorical bar tied to sex offender registration was found in § 32-28-02 itself; a felony sex offense would still be swept into the general felony bad-faith presumption described above. A registrant does carry a separate affirmative duty, though. Under N.D.C.C. § 12.1-32-15, an individual required to register who has a change in name must register that new name with the law enforcement agency having local jurisdiction at least ten days before the change. That is an advance obligation, not a follow-up one, and violating the registration section is a class C felony carrying a mandatory minimum of 90 days in jail plus a year of probation.

Name Changes After Marriage

North Dakota codifies marriage-based name changes directly. Under N.D.C.C. § 14-03-20.1, a person's surname does not automatically change upon marriage, but either or both spouses may elect a new surname on the marriage license application itself. The choices are limited to the other spouse's surname, either spouse's former surname, a combined surname using all or part of either spouse's premarriage or former surname, or a hyphenated or spaced combination of the two. Once elected, the marriage certificate serves as legal proof of the new or retained surname, with no separate court petition required.

Middle names have their own provision. Under § 14-03-20.2, one or both parties may also change a middle name on the marriage license application, limited to that individual's premarriage surname or former surname, that surname combined with the premarriage middle name, or a hyphenated combination of the premarriage middle name and that surname. Compliance with both the surname and the middle-name provisions is sufficient to meet the satisfactory evidence requirements of § 39-06-07.1.

Related North Dakota Records

A North Dakota name change often ties into other state records. See North Dakota marriage and divorce records for how to obtain certified copies agencies require as proof, North Dakota court records for how a name-change petition file fits into the state's public-records rules, and North Dakota divorce laws for how the dissolution process interacts with a name-change petition.

Disclaimer

This article provides general information about North Dakota name-change law. It is not legal advice and does not create an attorney-client relationship. Fees, forms, and procedures change; verify current details with your local district court or a licensed North Dakota 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.