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The filing fee is $160, effective July 1, 2025, confirmed on the official district court fee schedule; that schedule superseded the previously posted $80 figure that still appears in the state's separate, older self-help instructions.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 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 a marriage dissolution, annulment, or separation proceeding 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. That check is not required for a name change requested alongside a marriage license application, one requested in conjunction with a divorce, annulment, or separation proceeding, or, per the court's official self-help materials, a minor's name change absent signs of fraud, bad faith, injury, or a public-safety concern.

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.

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.

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.

---

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