Changing Your Name in South Dakota
How adults change their legal name in South Dakota: the court petition, publication, fees, and restoring a name after divorce.
Short answer: A person who has lived in a South Dakota county for at least six months files a petition with the clerk of courts in that county, in circuit court, stating the reason and the name requested. S.D. Codified Laws §§ 21-37-2, 21-37-3, 21-37-4, 21-37-5, 21-37-5.2
| Legal name change | A person who has lived in a South Dakota county for at least six months files a petition with the clerk of courts in that county, in circuit court, stating the reason and the name requested. Notice of the hearing must be published once a week for four weeks in a legal newspaper in the county. At the hearing in open court, the judge orders the change if notice was given, the petition is true, and there is proper and reasonable cause. The court may skip publication and an open hearing for an adult domestic abuse victim or a human trafficking victim who shows a particular need for protection, and may seal the records. |
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| Changing your name after divorce | When a divorce decree is granted, the court may, on its own or at either party's request, restore to the wife her maiden name or the name she legally had before the marriage. The statute is worded only for a former wife's name. Source: SDCL 25-4-47 |
Where to get help in South Dakota
More South Dakota divorce & family law
- Getting a Marriage License in South Dakota
- Adopting a Child in South Dakota
- Guardianship of a Child or Adult in South Dakota
- Establishing Paternity in South Dakota
- Child Custody Laws in South Dakota
- How Child Support Is Calculated in South Dakota
- Divorce Records in South Dakota
- Alimony and Spousal Support in South Dakota
- How to File for Divorce in South Dakota
- Legal Separation and Annulment in South Dakota
- All South Dakota divorce & family law rules
FAQ
How do you legally change your name in South Dakota?
A person who has lived in a South Dakota county for at least six months files a petition with the clerk of courts in that county, in circuit court, stating the reason and the name requested. Notice of the hearing must be published once a week for four weeks in a legal newspaper in the county. At the hearing in open court, the judge orders the change if notice was given, the petition is true, and there is proper and reasonable cause. The court may skip publication and an open hearing for an adult domestic abuse victim or a human trafficking victim who shows a particular need for protection, and may seal the records.
How do you change your name back after a divorce in South Dakota?
When a divorce decree is granted, the court may, on its own or at either party's request, restore to the wife her maiden name or the name she legally had before the marriage.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.