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Changing a Name

10 Del. C. § 5901 — a verified petition in the Court of Common Pleas, or the Family Court for a minor or a divorce

A person who wants to change their name files a verified petition in the Court of Common Pleas in the county where they live, giving the present name and the name they want.

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  • The Family Court handles a change as part of a divorce, as part of establishing parentage, or when the person is a minor.
  • Where the requirements are met and there is no reason to deny it, the petition may be granted.
  • A parent adding their surname to a child's, or hyphenating it, has a presumption in favor of the petition.

In a divorce, the Court may order that a party resume a maiden or former name, on request.

  • 13 Del. C. § 1514

People under Department of Correction supervision follow a narrower process. A particular petition is a question for a licensed Delaware attorney.

Sources for this section (3)
  1. 10 Del. C. § 5901 — Petition for change of name
  2. 10 Del. C. § 5904 — Determination by Court
  3. 13 Del. C. § 1514 — Resumption of maiden or former name

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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