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The process for changing your name in South Carolina depends on what part of your name you want to change and why. The most common name changes occur after marriage or divorce, but those events allow you to change your last name, not your first name. Changing any part of your name as an adult is a fairly simple and straightforward process in the state. Changing your child’s name, however, is a much more complicated process that involves an extended court process.

Method 1
Method 1 of 4:

Changing Your Name by Filing a Petition

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  1. Request a name change packet from the South Carolina Law Enforcement Division (SLED). You’ll get a packet with forms in the mail, including the requests for background checks and screening that you must complete.
  2. South Carolina requires all name change petitions be accompanied by a fingerprint card. Law enforcement agencies charge a fee of $10 for this service.
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  3. Your SLED packet also includes a form required to get a report showing whether you are listed on DSS’s registry of child abuse and neglect.[1]
    • The address where you need to mail your request is included on the form, which must be accompanied by a check or money order for the $8 fee.
  4. You must include an affidavit listing the results of this records check with your name change petition.
    • Your request for a criminal records check must include a business check, cashier’s check, or money order for $25 and a self-addressed, stamped envelope so SLED can send the results of your records check to you. SLED does not accept personal checks or credit card payments.
  5. After you’ve sent your screening requests, you can begin drafting your petition that you will file at the clerk’s office of the family court in your county.
    • Your petition must state the county where you live, your age, your old name, the new name you want to use, and the reason you want to change it.
    • Your petition not only asks for an order changing your name, but also can ask for an order allowing you to have your birth certificate amended to reflect your name change.
  6. South Carolina requires all the results of your records check, DSS screening, and fingerprints to be attached to your petition.[2]
    • You also must include a copy of your original birth certificate, although it does not have to be a certified copy.
    • If the DSS screening shows you are listed on the department’s registry, the clerk of court will notify the department of the name change if the judge grants your petition.[3]
    • Your petition also must be accompanied by an affidavit signed by you in the presence of a notary that states whether you are under a court order for child support or alimony. You don’t need any additional witnesses of your signature apart from the notary.[4] Keep in mind that the notary will charge a fee for her services.
    • Your criminal records report from SLED also will include a statement of whether your name is included on the sex offender registry. If it is, SLED will be notified if the judge approves your name change so the registry can be updated.[5]
    • If you have a criminal record and the judge approves your name change, SLED will be notified so that your name can be changed on your criminal record.[6]
    • You also need a hearing request form, which you will fill out and give to the clerk. This form provides the clerk with your contact information and the dates and times you’re available to attend a hearing.
    • Along with all your documents and your petition, your family court cover sheet provides summary information about your case and is necessary for your hearing to be added to the court’s docket.
  7. Your petition and documents must be accompanied by a $150 filing fee.
    • When you file your petition, the clerk will set a date and time for your hearing.
  8. Hearings aren’t always required for an adult name change in South Carolina, and the judge may grant your petition without a hearing.[7]
  9. You must complete the application to have your name changed and present an official, certified copy of your order.

    • There is no fee for changing your name on your Social Security card.
    • You must show your birth certificate or passport as proof of citizenship.
  10. You will have to show your name change order to get your name changed on your driver’s license.
    • Name changes cannot be done online or through the mail. You must go to your local DMV to have your name changed.
    • A name change on your driver’s license requires payment of a $10 fee. If you also need your name changed on your car title, you must pay an additional $15 fee.
  11. Once you have a Social Security card and a photo ID, you should be able to easily change your name elsewhere, such as on credit cards or bank accounts, or at your place of work.
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Method 2
Method 2 of 4:

Changing Your Name Following Marriage

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  1. After marriage, you can’t change your first name, only your last. Both spouses may change their names, but whatever name you choose you must use consistently.
    • If you later change your mind and decide to use a different name, you’ll have to file a petition in court. For example, if as a new wife you decide to take your husband’s name, you would have to file a petition in court if a year later you both decided to use a hyphenated version of both last names.
  2. You want to change your name on your Social Security card first because you’ll need it to change your name on your driver’s license and to update financial and payroll accounts.[8]
    • You can change your name with Social Security by visiting your local SSA office and completing the application. You’ll need to show them a certified copy of your marriage certificate and your birth certificate or passport as proof of citizenship.[9]
    • There is no fee for a new Social Security card. After your application is received, the SSA will mail your new card to you.
  3. All driving records need to reflect your name change, including both your driver’s license and the title to your car.
    • You will have to pay $10 for a new driver’s license and $15 to have your name changed on your car title.[10]
  4. Once your photo ID and your Social Security card reflect your new name, you should have no difficulty changing your name on your credit cards, bank accounts and other accounts or memberships.
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Method 3
Method 3 of 4:

Changing Your Name Following Divorce

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  1. You want to include a clause in your divorce petition that you intend to return to a previous name you had before the marriage.
    • This option is only available if you changed your name because you got married.
    • You can’t change your name to any name, it must be your maiden name or another name that you used before the marriage.[11]
  2. At your divorce hearing, the judge will ask you questions about your name change, and you’ll have to state under oath that you are not changing your name for an improper purpose such as to avoid a warrant.[12]
  3. You’ll need to present a certified copy of your divorce decree and complete the application to get a new Social Security card with your preferred name.[13]
    • There is no charge to change your name on your Social Security card. After you submit the application to the SSA office, your new card will be mailed to you.
  4. You will have to appear in person at your local DMV office and pay the required fees to get your driving records changed.
    • The SC DMV charges $10 to issue a new driver’s license and $15 to change your name on your car title.
  5. Once you have a photo ID and Social Security card that reflect your new name, you shouldn’t have any difficulty getting your name changed elsewhere, such as with banks or credit card companies.
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Method 4
Method 4 of 4:

Changing Your Child’s Name

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  1. A petition for the name change of a child in South Carolina must be initiated by one of the child’s parents. The other parent must be named as a party in the action.
    • If there is not another living parent, the child must be named as a party in the action.[14]
  2. Since you are the petitioner in the action, the appropriate court to hear your case is the one with jurisdiction over the area where you live.
  3. Even if both parents agree on the name change, South Carolina law requires the court to appoint a guardian ad litem to represent the best interests of the child at the name change hearing.
    • The guardian will interview the child and review the child’s circumstances and living environment.
    • Most guardians ad litem charge between $150 and $175 an hour for their services. Provided the name change isn’t contested by anyone, expect your child’s guardian to spend between two and three hours on the case.[15]
  4. South Carolina requires hearings for all petitions to change a child’s name. The judge will review the petition and hear testimony from the parents and the guardian ad litem to discern whether it is in the best interests of the child to grant the petition.
    • The judge considers factors such as the length of time the child has used her present name, the motives of the parents and the reason for the name change, the possibility of the name change causing the child insecurity, difficulty, harassment, or lack of identity, and the preference of the child if the child is old enough to express a preference.[16]
  5. Once the judge has signed the order, a certified copy of that order will be sufficient to have the child’s name changed with the Social Security Administration.
  6. After the order is final, you’ll want to have the child’s name changed on school records, at doctor’s offices, and anywhere else that has a record of the child.
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About This Article

Jennifer Mueller, JD
Written by:
Doctor of Law, Indiana University
This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 120,419 times.
31 votes - 78%
Co-authors: 10
Updated: November 22, 2023
Views: 120,419
Categories: Name Changes
Thanks to all authors for creating a page that has been read 120,419 times.

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