Find Legal Information

32-28 Change of Names of Persons and Places

Download pdf

CHAPTER 32-28CHANGE OF NAMES OF PERSONS AND PLACES32-28-01. Court authorized to change name of persons and cities. The district courtshall have the authority to change the names of persons and cities within this state.32-28-02. Change of name of person - Petition - Criminal history record checks -Exceptions.1.Any person desiring to change that person's name may file a petition in the district<br>court of the county in which the person is a resident, setting forth:a.That the petitioner has been a bona fide resident of the county for at least six<br>months before the filing of the petition.b.The reason for which the change of the petitioner's name is sought.c.The name requested.2.When an individual files a petition for a name change, the court shall determine<br>whether the petitioner has a criminal history in this state or any other state. The<br>court may require the petitioner to submit to a statewide and nationwide criminal<br>history record check. The criminal history record check must be conducted in the<br>manner provided for in section 12-60-24.All costs associated with the criminalhistory record check are the responsibility of the petitioner. This subsection does not<br>apply to a request for a name change as part of an application for a marriage license<br>under section 14-03-20, to a request for a name change in conjunction with the<br>annulment of a marriage under chapter 14-04 or the dissolution or separation of a<br>marriage under chapter 14-05, or to the change of a minor's name unless the court<br>has reason to believe the request is being made to defraud or mislead, is not being<br>made in good faith, will cause injury to an individual, or will compromise public<br>safety. If the individual petitioning for a name change has a felony conviction under<br>a law of this state or a law of another state or the federal government, the request is<br>presumed to be made in bad faith, to defraud or mislead, to cause injury to an<br>individual, or to compromise public safety. The name change may not be granted<br>unless the individual requesting the name change proves by clear and convincing<br>evidence that the request is not based upon an intent to defraud or mislead, is made<br>in good faith, will not cause injury to an individual, and will not compromise public<br>safety.3.The judge of the district court, upon being duly satisfied by affidavit or proof in open<br>court of the truth of the allegations set forth in the petition, that there exists proper<br>and reasonable cause for changing the name of the petitioner, and that thirty days'<br>previous notice of the intended application has been given in the official newspaper<br>of the county in which the petitioner resides, shall order a change of the name of the<br>petitioner. Proper and reasonable cause does not exist if the court determines that<br>the request for a name change is made to defraud or mislead, is not made in good<br>faith, will cause injury to an individual, or will compromise public safety. The court<br>may waive publication of the notice when the proposed change relates only to a first<br>or given name as distinguished from a surname or upon evidence satisfactory to the<br>court that the petitioner has been the victim of domestic violence as defined in<br>section 14-07.1-01.4.If the person whose name is to be changed is a minor, the court shall consider the<br>appointment of a guardian ad litem, and notice of the intended application must be<br>published in the official newspaper of the county in which the minor resides and, if<br>different, the official newspaper of the county in which each of the minor's parents<br>reside.If the minor has a noncustodial parent, a copy of the notice must bePage No. 1deposited in a post office in this state, postage prepaid, not later than ten days after<br>the publication of the notice, and directed to the noncustodial parent's last<br>reasonably ascertained post-office address.An affidavit of mailing of the noticeprepared in accordance with the North Dakota Rules of Civil Procedure must be filed<br>with the court.5.If the court issues a name change order for a petitioner who has a criminal history in<br>this or any other state, the court, within ten days after the issuance of the change of<br>name order, shall report the name change to the bureau of criminal investigation.6.The provisions of this section may not delay the granting of a marriage license under<br>section 14-03-20, which may be granted without the change of name.32-28-03. Change of name of city - Petition. Whenever it may be desirable to changethe name of any city in this state, a petition for that purpose may be filed in the district court of the<br>county in which the city is situated, setting forth the reason for the change of name and the name<br>requested. The court may order the change of name, on being satisfied by proof that:1.The request of the petitioners is just, proper, and reasonable.2.Notice has been provided as required in section 32-28-02.3.Two-thirds of the qualified electors of the city, as determined by the vote cast for the<br>office of governor at the last preceding gubernatorial election, have signed such<br>petition expressing their desire that such change of name be granted.4.There is no other city in this state with the requested name.32-28-04. Costs - Change not to affect rights or pending actions. All proceedingsunder this chapter shall be at the cost of the petitioner or petitioners, and judgment may be<br>entered against the petitioner or petitioners for costs as in other civil actions. Any change of<br>name under the provisions of this chapter in no manner shall affect or alter any action or legal<br>proceedings then pending, or any right, title, or interest whatsoever.Page No. 2Document Outlinechapter 32-28 change of names of persons and places