Montana
Montana Name Change Laws: How to Legally Change Your Name
Montana name changes go through district court. The petitioner, or a parent filing for a minor under 18, files a petition in the county where they live under , and the court sets a hearing that generally requires four weeks of newspaper publication under . A judge decides whether to grant the change at their discretion, using the "right and proper" standard from MCA 27-31-204.
Two figures are worth knowing up front because a Montana petitioner can easily see the wrong one. The filing fee is currently $90, but Montana's own printed court fee schedule has not caught up to that change and still lists $120. This page explains the current statutory fee, the publication rule, the sealing option, and how marriage, divorce, and a criminal record each affect a Montana name change.
Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.
How to Legally Change Your Name as an Adult in Montana
File your petition in the district court for the county where you live. The petition must be signed by you and, if you are asking to change someone else's name, by that person if they are old enough, or by a parent or guardian on their behalf. Montana's statute does not set a minimum length of residency in the county, only that you live there.
The judge decides whether to grant the change under MCA 27-31-204's broad, discretionary "right and proper" standard, after any objection window has closed. Any person who has "good reasons" can file an objection before the hearing under MCA 27-31-202.
Montana's self-help library posts name-change forms by descriptive file name rather than a numbered form code, unlike some states. Contact your district court clerk for the current adult and minor petition packets.
Montana's Filing Fee: $90, Not $120
Montana updated its general civil filing fee statute in 2025 (MCA 25-1-201, as amended by Chapter 587, Laws of 2025). A name-change petition is not one of the specially priced case types listed in that statute (dissolution is $170, legal separation $150, a contested parenting-plan amendment $120), so it falls under the general $90 commencement-of-action fee.
Montana's own Clerks of District Courts printed fee schedule, however, is dated "Updated May 2024" and still lists $120 for a general civil commencement of action. That schedule predates the 2025 statutory change and appears not to have been refreshed. Confirm the exact amount with your county Clerk of District Court before filing, since the printed schedule some clerks hand out may not reflect the current statutory figure.
Minor Name Changes and Incarcerated Petitioners in Montana
A parent files on behalf of a minor under 18 (or a guardian, if both parents are deceased, or a near relative or friend if there is no guardian). Publication is waived only if both parents and all legal guardians consent to the change in writing ((2)); a petition that is simply signed by one parent, which is enough to file, does not by itself waive the four-week publication requirement.
A petitioner who is incarcerated or under Department of Corrections supervision faces an added step: the petition must be served on the DOC, which must attempt to notify any victim, and if the change is granted, the court must authorize the DOC and the Department of Justice to maintain and disseminate the change for offender-registration purposes (MCA 27-31-201(4)-(5)).
Publication and Sealing in Montana
Montana requires notice of the time and place of the hearing, not the granted order, to be published for four successive weeks in a newspaper published in the county of filing (MCA 27-31-201(1)). That is a longer publication run than some neighboring states use.
A petitioner of any age whose safety is at risk can ask the court to proceed on a sealed-record basis, on a showing of probable cause, so long as the judge is satisfied the petitioner is not trying to evade debt or hide a criminal record (MCA 27-31-201(3)). Access to a sealed record is then restricted except by court order. Sealing the state court file this way does not automatically make the change confidential with the Social Security Administration or the State Department's passport office. A domestic violence or stalking survivor in Montana should also look at the state's Address Confidentiality Program, administered by the Department of Justice's Attorney General's Office, for a substitute mailing address; it is a separate program from the court's own sealing option.
Restrictions: Sex and Violent Offenders
Unlike some states, Montana does not bar a registered sex or violent offender from petitioning for a name change. Instead, MCA 46-23-505 requires the offender to appear in person and notify their last registration agency within 3 business days of the change. Failing to make that notification risks a separate registration-violation offense, even though the name change itself was lawfully granted.
Apart from the incarcerated-petitioner service track described above, Montana's statute contains no other blanket denial tied to a criminal record. The general grant standard, MCA 27-31-204's "right and proper" discretion, applies to every petitioner.
Name Change After Marriage in Montana
No Montana statute creates a surname-change right upon marriage. MCA 40-1-107, which lists what must appear on a marriage license and certificate, only requires identifying information such as name, sex, address, Social Security number, and birth date and place; it does not grant a naming right. In practice, a newly married person in Montana changes their name at the Social Security Administration and the Motor Vehicle Division using their marriage certificate, without any Title 27 or district court filing.
Name Change After Divorce in Montana
Montana codifies this one directly. Under (5), the court "shall order the party's maiden or birth name or a former name restored" upon request by a party whose marriage is dissolved or declared invalid. It is a mandatory grant on request, built into the dissolution title (Title 40), separate from the general name-change chapter described above.
Related Montana Records
A Montana name change often intersects with other record questions. See Montana marriage and divorce records for documenting a name restored in a divorce decree, Montana court records for how a sealed name-change record fits into the state's broader court-records rules, and Montana divorce laws for the dissolution process itself.
For the national picture on process, cost, and post-change paperwork, see how to legally change your name, how much does it cost to change your name, and the name change checklist. For every state side by side, see name change laws by state.
Disclaimer
This article provides general information about Montana name-change law. It is not legal advice and does not create an attorney-client relationship. Fees, forms, and court procedures change; verify current details with your Montana Clerk of District Court or a licensed Montana attorney before relying on anything here for a specific filing.
Last updated: 2026-08-11. Fees and forms reflect their published status as of August 2026.
Frequently Asked Questions
How much does a Montana name change cost?
The current statewide fee is $90, under Montana's 2025-updated general civil filing fee statute. Some printed court fee schedules still list the older $120 figure, so confirm the current amount with your Clerk of District Court.
Do I have to publish notice of my name change in Montana?
Yes. Notice of the hearing must run in a county newspaper for four successive weeks, unless the court seals the record on a safety showing, or, for a minor's petition, both parents and all legal guardians consent in writing.
Can a registered sex offender change their name in Montana?
Yes. Montana does not bar it, but the offender must appear in person and notify their last registration agency within 3 business days of the change.
Does divorce automatically restore my former name in Montana?
If you ask for it, yes. MCA 40-4-108(5) requires the court to restore a party's maiden, birth, or former name in the dissolution decree on request.
Does marriage automatically change my name in Montana?
No. Montana has no marriage-based name-change statute. You use your marriage certificate to update your name with the Social Security Administration and the Motor Vehicle Division.
Updates
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on 3 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 27
§ 27-31-101Petition For Change Of Name Of Natural PersonIn force
27-31-101. Petition for change of name of natural person. All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person and, if the person is under 18 years of age, by one of the person's parents, if living, or if both are dead, then by the person's guardian, and if there is no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of the person, the person's present name, the name proposed, and the reason for the change of name and must, if neither parent of the person is living, name as far as known to the petitioner the near relatives of the person and their place of residence.
Official text (excerpt) · as of 2026-07-29 · Read the full section at mca.legmt.gov
§ 27-31-201Order Setting Hearing Date -- Notice -- SafetyIn forcecited in 2 of our articles
27-31-201. Order setting hearing date -- notice -- safety. (1) When a petition setting out the matters contained in 27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 successive weeks in some newspaper published in the county, if a newspaper is printed in the county. If a newspaper is not printed in the county, a copy of the notice must be posted in at least three public places in the county for 4 successive weeks. (2) Publication is not required for a change of name of a minor under 27-31-101 if both parents and all legal guardians consent in writing. (3) The court may allow a petition to proceed on a sealed-record basis when probable cause is shown that the safety of the petitioner is at risk and the judge is satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record. The request to proceed on a sealed-record basis must be set forth in the petition.
Official text (excerpt) · as of 2026-07-29 · Read the full section at mca.legmt.gov
Also relied on in: Name Change Laws by State: Court Process, Publication, and Restrictions
Montana Code Annotated, Title 40
§ 40-4-108DecreeIn forcecited in 2 of our articles
40-4-108. Decree. (1) A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree that dissolves the marriage beyond the time for appealing from that provision, and either of the parties may remarry pending appeal. (2) No earlier than 6 months after entry of a decree of legal separation, the court on motion of either party shall convert the decree to a decree of dissolution of marriage. (3) The clerk of the court shall give notice of the entry of a decree of dissolution: (a) if the marriage is registered in this state, to the clerk of the district court of the county where the marriage is registered, who shall enter the fact of dissolution in the book in which the marriage license and certificate are recorded; or (b) if the marriage is registered in another jurisdiction, to the appropriate official of that jurisdiction, with the request that the official enter the fact of dissolution in the appropriate record.
Official text (excerpt) · as of 2026-07-29 · Read the full section at mca.legmt.gov
Also relied on in: Name Change After Divorce
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Sources and References
- Montana Code Annotated § 27-31-101, Petition for Change of Name(mca.legmt.gov).gov
- Montana Code Annotated § 27-31-201, Notice and Hearing(mca.legmt.gov).gov
- Montana Code Annotated § 27-31-204, Order of Court(mca.legmt.gov).gov
- Montana Code Annotated § 25-1-201, Fees of Clerk of District Court(mca.legmt.gov).gov
- Montana Code Annotated § 40-4-108, Disposition of Property, Maintenance, Support (name restoration, subsection (5))(mca.legmt.gov).gov
- Montana Code Annotated § 46-23-505, Change of Name, Address, or Employment(mca.legmt.gov).gov