South Dakota
South Dakota Name Change Laws: How to Legally Change Your Name
An adult who wants to change their name in South Dakota files a verified petition with the circuit court through the county Clerk of Courts, after establishing six months of county residency. Unlike most states in this cluster, South Dakota also lets a person change part of their name at marriage without any court order at all, simply by making a choice on the marriage-license application itself.
South Dakota has no felony or sex-offender bar on who may petition for a name change, one of only two states in this ten-state group with that distinction. Its main gatekeeping mechanism instead runs through mandatory newspaper publication, with a separate sealed track for domestic-violence and human-trafficking survivors.
Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.
How to Legally Change Your Name in South Dakota
An adult petitions the circuit court, filed through the county Clerk of Courts, after being a bona fide resident of that county for six months immediately before filing (, 21-37-3). The court's self-help center provides the core forms: UJS-025 (Verified Petition for Adult Name Change), UJS-026 (Notice of Hearing), and UJS-027 (Order for Adult Name Change), along with an instructions packet, UJS-024.
South Dakota does not post a single statewide filing fee. The Unified Judicial System's self-help page notes that publication costs apply on top of the court filing fee, and directs petitioners to their county Clerk of Courts for the exact amount. Because publication runs for four weeks in a legal newspaper, budget for that cost separately from the court fee itself.
The court grants the change once it finds the petitioner has shown proper and reasonable cause and has completed the notice requirements below ().
Changing a Minor's Name
A custodial parent or guardian may petition to change a child's name, but a minor age 12 or older must personally consent to the change as well (, 21-37-5.1). A non-petitioning parent who still has intact parental rights must be served notice in the same manner as a summons.
The court applies a best-interests-of-the-child standard, and the minor must independently satisfy the same six-month county residency requirement. South Dakota also allows the court to waive both publication and an open-court hearing for a minor's name change entirely, when the custodial parent or guardian consents, a minor age 12 or older consents, and the change serves the child's best interest ().
Restoring Your Name After Divorce
South Dakota's divorce-restoration mechanism lives outside the name-change chapter, in the state's divorce title. Under , the trial court may restore a party's premarital name in the divorce decree at that party's request. This is discretionary rather than automatic, and the statute's older gendered phrasing (referring to restoring a name «to the woman») predates current gender-neutral drafting conventions.
Publication Requirements
South Dakota requires published notice once a week for four successive weeks in a legal newspaper of the petitioner's county before the court will grant a name change (). This is a correction worth flagging clearly: some older summaries describe a three-week publication period, but the current statute text requires four successive weekly publications.
An adult victim of domestic abuse or human trafficking who can show a particularized need may ask the court to grant the change without publication and without an open-court hearing, and the court may seal the petition and record for good cause (). No felony or sex-offender publication carve-out exists in South Dakota; the state's safety-related exception runs specifically through this domestic-violence and trafficking track. Even a sealed South Dakota record does not automatically make a new name confidential with the Social Security Administration or the U.S. State Department; those agencies apply their own separate rules for what they will and will not disclose.
Restrictions: No Felony or Sex-Offender Bar
South Dakota has no felony bar and no sex-offender-specific restriction anywhere in SDCL chapter 21-37 on who may petition for a name change. That makes South Dakota, along with Wyoming, one of only two states in this ten-state group without a criminal-history restriction on petitioning.
The court's gatekeeping instead runs through the general «proper and reasonable cause» standard in , and separately, the domestic-violence and human-trafficking sealed track requires an affirmative finding that the petition is not for a fraudulent purpose.
Name Change After Marriage
South Dakota is unusual among the states in this batch for making marriage-based name change a direct, court-free process. Under , each applicant for a marriage license states, on the application itself, the name to be used after the marriage is solemnized. That choice becomes the legal name-change mechanism, with no separate court order required.
The option has real limits. A first name cannot be changed this way. A middle name may change only if it becomes the person's new surname. Surname changes are limited to adopting the spouse's surname or a hyphenated combination of both spouses' surnames. The applicant must appear in person before the register of deeds with identification. Anyone wanting a broader name change at marriage, such as adopting an entirely new surname unrelated to either spouse's name, still needs the standard court petition described above. For the full range of marriage-based options nationally, see name change after marriage.
Related South Dakota Records
For the marriage certificate or divorce decree needed to support a name-change request, see South Dakota marriage and divorce records. For how the state's court system handles filings generally, see South Dakota court records. For the broader divorce process a name restoration is part of, see South Dakota divorce laws. For the full agency update process once a change is granted, see the name change checklist and how to legally change your name.
Disclaimer
This article provides general information about South Dakota name-change law. It is not legal advice and does not create an attorney-client relationship. Fees, forms, and publication costs change; verify current details with your county Clerk of Courts or a licensed South 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.
Frequently Asked Questions
How long does publication take for a South Dakota name change?
Notice must be published once a week for four successive weeks in a legal newspaper in the petitioner's county, under SDCL 21-37-4.
Does South Dakota restrict felons or sex offenders from changing their name?
No. South Dakota has no felony or sex-offender bar on who may petition, one of only two states in this batch without one. The court still applies a general proper-and-reasonable-cause standard.
Can I change my name when I get married in South Dakota without going to court?
Yes, within limits. Under SDCL 25-1-10.1, the name choice made on the marriage-license application itself is the legal mechanism. A first name cannot change this way, and surname changes are limited to the spouse's surname or a hyphenated combination.
How do I get my name back after a divorce in South Dakota?
Request the restoration in the divorce decree itself under SDCL 25-4-47. The trial court has discretion to restore a party's premarital name at that party's request.
Is there a safe option for domestic violence survivors changing their name in South Dakota?
Yes. An adult victim of domestic abuse or human trafficking with a particularized need can request the change without publication or an open-court hearing, and the court may seal the file for good cause under SDCL 21-37-5.2.
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 8 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 21-37: CHANGE OF NAME
§ 21-37-2Residence required for change of name of person--Proceedings.In force
Any person who has been a bona fide resident of any county of this state for a period of six months next preceding the filing of the petition required in § 21-37-3, may change his or her name by proceeding as provided by §§ 21-37-3 to 21-37-5, inclusive.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
§ 21-37-3Petition for change of name of person--Contents.In force
A petition for change of name of a person must be filed in the office of the clerk of courts of the county of petitioner's said residence, entitled in the circuit court for said county and stating that the petitioner has been a bona fide resident citizen of such county for at least six months prior to filing the petition; the cause for which change of petitioner's name is sought; and the name asked for.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
§ 21-37-4Notice of hearing on change of name of person.In force
The petitioner shall give notice of the hearing on change of name of a person, stating the time and place and object thereof with the old and proposed names of the petitioner, by publishing the notice once each week for four successive weeks in any legal newspaper of the county of petitioner's residence. In any action where the change of name sought involves a minor child, the petitioner shall also give notice in the same manner as is required for service of a summons pursuant to § 15-6-4 to any parent that is not a party to the petition and whose parental rights have not been terminated.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
§ 21-37-5Hearing and order changing name of person.In force
At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as required in § 21-37-4 and that the allegations of the petition are true, and that there exists proper and reasonable cause for changing the name of the petitioner, the court or judge shall make an order directing a change of the name of the petitioner and directing that such order be entered by the clerk.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
§ 21-37-5.1Exception to notice and open court hearing requirements for name change of minor.In force
The court may grant an order changing the name of a minor child without publication of notice or a hearing in open court if all of the following conditions are met: (1) It appears from the pleadings that the minor child has been a resident of the county in which the petition is filed for at least six months; (2) The minor child's parents whose parental rights have not been terminated, and any other person having legal rights to custody or guardianship of the minor child, give written consent to the name change; (3) The minor child, if twelve years of age or older, gives written consent to the name change; and (4) It appears to the court that the name change is in the minor child's best interests.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
§ 21-37-5.2Notice and open court requirements--Exception--Name change of victims--Sealed records.In force
The court may grant an order changing the name of a person without publication of notice or a hearing in open court if all of the following conditions are met: (1) The petitioner is over the age of eighteen years or is a guardian of a minor child; (2) The petitioner or minor child is a resident of this state; (3) The petitioner: (a) Or minor child is a victim of human trafficking and has a particularized need for a change of name to protect them from a person who victimized them such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5; or (b) Is an adult, is a victim of domestic abuse, and the petitioner shows a particularized need for a change of name to protect the petitioner from the perpetrator such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5; (4) It appears to the court that the name change is in the petitioner's or minor child's best interests; and (5) The court finds that the name change is not done for the purposes of fraud. If good cause exists, the court may order all records regarding the petition and order be sealed.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
South Dakota Codified Laws, Chapter 25-1: VALIDITY AND PERFORMANCE OF MARRIAGES
§ 25-1-10.1Application for marriage license--Proof of age and identification required--Name changes.In forcecited in 2 of our articles
To obtain a marriage license, each applicant shall sign the marriage license application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register's behalf. Each applicant shall provide valid personal identification and provide proof of age before issuance of the marriage license. Proof of age and personal identification must be satisfied by providing a valid: (1) Passport; (2) Federal, state, military, or tribal photo identification; (3) Certified birth certificate, along with a current school or employment photo ID; or (4) Certified birth certificate, along with a U.S. Department of the Treasury Form 4029 that is completed. On the marriage license application, each applicant shall provide the name the applicant shall be known by after the solemnization of the marriage. This choice must be indicated on the certificate of marriage and serve as a legal means for a name change. A first name may not be changed under this section. A middle name may only be changed if an applicant is changing the applicant's surname to become a middle name.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
Also relied on in: Name Change After Marriage
South Dakota Codified Laws, Chapter 25-4: DIVORCE AND SEPARATE MAINTENANCE
§ 25-4-47Restoration of former name to wife--Validation of prior decrees.In force
Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. All decrees of divorce previously entered restoring to the divorced woman her former name under this section are declared legal and valid and effective from their date of entry.
Official text (excerpt) · as of 2026-07-30 · Read the full section at sdlegislature.gov
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Sources and References
- South Dakota Codified Laws § 21-37-3, Residence Requirement for Petitioner(sdlegislature.gov).gov
- South Dakota Codified Laws § 21-37-4, Notice by Publication(sdlegislature.gov).gov
- South Dakota Codified Laws § 21-37-5, Order Changing Name(sdlegislature.gov).gov
- South Dakota Codified Laws § 25-1-10.1, Name on Marriage License Application(sdlegislature.gov).gov
- South Dakota Unified Judicial System, Self-Help: Name Change(ujs.sd.gov).gov