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 (SDCL 21-37-2, 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 (SDCL 21-37-5).

Changing a Minor's Name

A parent or guardian may petition to change a child's name. On the ordinary petition track, chapter 21-37 sets no separate consent requirement for the child, and the court applies the same proper-and-reasonable-cause standard it applies to an adult petition (SDCL 21-37-5). A non-petitioning parent whose parental rights have not been terminated must be served notice in the same manner as a summons (SDCL 21-37-4).

A child's written consent and the best-interests test belong to a separate, optional route rather than to the ordinary track. South Dakota lets the court waive both publication and an open-court hearing for a minor's name change, but only when every condition in SDCL 21-37-5.1 is met: the child has been a resident of the county for at least six months; every parent whose parental rights have not been terminated, plus any other person with legal rights to custody or guardianship, gives written consent; the child gives written consent if twelve or older; and the court finds the change is in the child's best interests. One custodial parent's consent is not enough when a second parent retains intact parental rights. If those conditions are not all met, the petition proceeds on the ordinary track with publication and a hearing.

Restoring Your Name After Divorce

South Dakota's divorce-restoration mechanism lives outside the name-change chapter, in the state's divorce title. Under SDCL 25-4-47, 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 (SDCL 21-37-4). 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 (SDCL 21-37-5.2). 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 SDCL 21-37-5, 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 SDCL 25-1-10.1, 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 the applicant's surname is becoming the middle name. 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.

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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.