Legal Name Change in South Carolina

So you are wanting to change your name in South Carolina? and you want to know how to change your name or what to expect if you are meeting with an attorney about legally changing your name. 

Here are the steps that will be required when you want to change your name in South Carolina.

Legal name changes are governed by South Carolina Code Section 15-49-10. Before a name change petition can be filed with the Family Court, you must take care of some administrative things. Before you can file, the law requires that you have been a resident of South Carolina for at least six months unless you fall into a category where this requirement can be waived (related to the petitioner’s safety). Once you satisfy that hurdle, you will complete a SLED fingerprint card and background check .  You should go to a local law enforcement office to get fingerprinted.  That fingerprint card should be sent to SLED with the background check form and affidavit along with a check for $25.00.  A few days later you will receive a copy of the background check from SLED that also confirms you are not listed on the State Sexual Offender Registry.

You must also obtain a screening statement from the Department of Social Services stating that you are not on any child abuse or neglect registries.  There is an $8.00 charge for this statement.  You will need to fill out a form and mail the form and payment in and several days later you will receive that report.

After you have obtained the requisite background checks, and an affidavit that comports with the language contained in the name change statute and you or your attorney will file a petition for name change with the Family Court asking for the legal name change. 

From there you will most likely have a hearing where you have to testify before the judge about the reason you are seeking a name change.  The statute does not say that a hearing is absolutely required, so to me that leaves it up to the discretion of the Family Court judge.  I have seen it go both ways, where a judge signs a name change order without a hearing and other times where the judge requires a hearing. It usually depends on the reason for the name change or if there are concerns about the background check or DSS registry check.