Do I need a hearing for name change? Court said maybe not?

[Guest Merc]

It's been a week, and I don't know if I am just being super-impatient with this or not. But I filled out all the documents required to change name and gender and filed them with the clerk in Utah. I told her I'd never stepped foot in a courtroom before, and she told me the judge is easy on name changes and often doesn't require any hearings. My question is, if time passes and the judge still doesn't sign my papers(I've been calling every day since last Friday), when is a good idea to schedule a hearing?

Of course, I'd be willing to do a hearing, but knowing that it takes 2 more weeks on top of that, I might just take my chances for a little while here. Any thoughts?

SIDE NOTE--The clerk was briefly talking to her co-worker about something and said to her, "No, I can't, I'm working with here." After a couple seconds, I realized that she actually used the word 'hir.' That was pretty neat! And Utah, out of all places!

[Guest Sarah Faith]

When I had my name change done, I did have to go to court and see a judge.. However I wouldn't call it a hearing.. The judge just called my name and I went up to the bench and he talked with me quietly for a moment (like he did for everyone else seeking a name change) then he handed me the signed court declaration and the other paperwork I needed to finish the process. Then I talked to his clerk, and got the paperwork to file for the name change to be published in the local paper the required two times.. It was relatively painless honestly. (This was back in colorado)

[Guest Merc]

How far out was your hearing scheduled(again, my impatience is showing a bit). And it's been absolutely painless so far, that's sort of why I was hoping to avoid the hearing to some degree. It really sucks that you had to have your name change put in the paper, and in Colorado, which I thought was a bit more progressive than Utah(and it's rarely required here).

[Drea]

Ask the court clerk how long it takes to process. Also make sure you did everything you need.

Around here you first to a petition, then there is a second step where you need to publish and file that, and then a final judgment. The process takes a couple months.

A hearing can often be bypassed of there are no objections made within the defined period for people to object after the public announcement.

[VickySGV]

I would check with these folks here http://transgenderlawcenter.org/ for what goes on in your state. I did it in California three years ago, and dang it if they did not make it shorter and simpler AFTER I had done it. Procedures do vary from state to state. I did stand in front of a Judge in a large, but pretty empty courtroom and answered some pretty mundane questions. All of my dates were set in stone by the court clerk when I filed the petition. In my case there was a period of four weeks when the notice was published once a week in a newspaper that only lawyers and credit managers ever read, and now that is no longer the law. There were two weeks after the last publication date for people to file objections to the name change, and then it was the Monday after the last day to file the obj. that I was put on the court calendar. Call the court clerk and find out what they say or do what TLC suggests, they are my legal friends.

[Guest Sarah Faith]

About a month and a half, and then it took about another 3 weeks to get my publication done.. Colorados process is long though because to start with I had to get criminal background checks through both the FBI and the State Investigative Branch. Those took about 2 months total. For me I started the process in March and had my name actually legally changed by july.

[Guest Carla_Davis]

Hi Merc,

I live in NY.

I also had to attend a court hearing.

It was very simple, and no stress.

The judge was very friendly.

The judge asked me why I wanted a name change. I replied”I was a transgender woman, and as part of my 24/7 RLE (Real Life Experience) I needed to live and dress as a female, and having a female name would be necessary.

I also had to publish my name change in the newspaper, but it may not be necessary in Utah.

These Instructions for filing a Name Change-Adult (Utah) may be helpful for you.

If you read Step 2, You MUST Request a Hearing.

The court will not schedule a hearing unless you request one.

I HIGHLY recommend that you Request a Hearing, even though the Clerk told you it it often is not required, I would file a Request.

IMO, Calling every day may also upset the Clerks, and put you file at the bottom of the list

As the saying goes “If it’s not written, it is only hearsay and does not count”

Instructions for Filing for a Name Change - Adult

https://www.utcourts.gov/resources/forms/namechange/instruct.asp

Steps to Filing an Adult Name Change Case

• Step 1: Obtain certification that your name is not listed on Utah's Sex Offender Registry. To do this, fill out your identifying information in the form titled "Department of Corrections Certification Regarding Sex Offender Registry." Then mail that form, along with a stamped, self-addressed envelope, to the Department of Corrections at the address listed on the form. After the form has been completed and returned to you, attach it to your Petition for Name Change.
• Step 2: Complete and file the appropriate forms.
  • Petition for Name Change
    • Fill in all the blanks on the Petition.
    • Attach to the Petition the completed Certification Regarding Sex Offender Registry form, obtained in Step 1 above.
    • Make copies of all documents to keep for your records.
    • Sign the Petition in the presence of a notary public or court clerk, who must verify your identity and your signature. It is best to do this before going to court. Most banks have a notary, although many may charge a fee for this service to non-customers. By signing in front of a notary, you are stating under oath that the document is true.
  • Cover sheet: This can be downloaded here.
  • Request for Hearing. The court will not schedule a hearing unless you request one.
  • Application and Affidavit for Waiver of Court Filing Fees: Complete this form only if your income is so low that you cannot pay the filing fee. For more information and forms, see our page on Fees and Fee Waiver"
• Step 3: File your case with the court.
• Take the documents identified in Steps 1 and 2 above to the district court in the county where you have lived for the past year. Locate the counter for the court clerk, and give these documents to the clerk, along with the required filing fee.
• If the Petition was not yet signed in the presence of a Notary Public, you must sign it before the clerk at this time.
• Notice for Hearing on Petition for Name Change - PDF | Word
• Step 4: Send any required notice about your name change petition. It is unusual for a judge to order that an adult seeking a name change must send notice to someone else. However, if the judge orders that you do this, you may obtain the appropriate form here:

Request a Hearing

https://www.utcourts.gov/resources/forms/namechange/docs/requestforhearing.pdf

I hope this information is helpful for you

I wish you Success and Happiness in your Journey, and Name Change

Hugs,

Carla