Name change instructions and forms package for a family south dakota
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Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF SOUTH DAKOTA
NAME CHANGE
FAMILY PACKET
Control Number – SD-NAME-3
This packet contains the following:
1. Instructions ;
2. Forms List ; and
3. Access to South Dakota Law Summary.
I. EXPLANATION OF PETITION FOR CHANGE OF NAME
A. In South Dakota, an action for a court ordered Change of Name begins
with the fling of a Petition in the District court. The Petition must
contain certain information. The forms in this packet include the
necessary information for a Minor Name Change in the State of South
Dakota.
B. You can use this packet if:
► You have been a resident of the county in which you will fle for the
required amount of time as refected in the law summary.
► You have proper and reasonable cause for the requested change of
name.
► You are not changing your name to avoid debts or defraud
creditors.
II. WHAT FORMS ARE INCLUDED
A. Petition - (SD-NC-300) The Petition must be fled in the Circuit Court of the
county where the person resides.
B. Order - (SD-NC-301) The Order Changing Name should be presented to
the Judge after hearing and a determination has been made that it is
right and proper to change the name of the Minor Petitioner.
C. Order for Hearing - (SD-NC-302) This form should be signed by the Judge
after the fling of the Petition but prior to the publication of notice.
D. Notice of Name Change - (SD-NC-303) This form must be signed by the
Clerk of the appropriate county and issued under the seal of the Court.
If you did not order a completion package and need access to the download
page again for any of the above forms, please check your email for a link to
that will redisplay the page for you.
Note: This package contains forms for use throughout your State. However, some
Counties, or Judges may require a diferent form, or modifcation to these
forms. If this happens, please consult with your local Court Clerk. If you are
required to use additional forms, please advise us by sending an e-mail to
orders@uslegalforms.com.
III. PROCEDURE FOR CHANGE OF NAME (FAMILY) FOR THE STATE OF
SOUTH DAKOTA
A. Preliminary Note:
1. The attached forms may be completed by:
a. Printing the forms and completing by hand. Use black ink
and print neatly.
b. Printing the forms and completing using a typewriter.
c. By completing the forms on your computer using a word
processing program and then printing the forms.
2. Use complete names and not initials. Check your spelling
carefully, a misspelled word can delay your name change.
3. Print three (3) complete sets of forms.
4. All forms with a heading – the name of the court, the Petitioner’s
name, the case number, and the name of the document –
require that the heading be completed. You will need to add the
name of the court and the full name of the Petitioner. The
“Action/Cause No.” will be assigned by the court clerk at the
time of fling.
5. Forms that require your signature and include a notary block
MUST be signed in the presence of the notary or court clerk who
will complete the acknowledgement. Use your complete name –
frst name, middle name, last name.
6. When a form is fled with the court, request the clerk “fle-
stamp” one copy of the form for your fle.
7. A Law Summary is available and can be printed for your State.
To do so, go to where you located this package and select the
Law Summary link under the form title and print. Review the
Law Summary before beginning the process of completing the
forms.
B. Procedure
Step 1: Create the Petition to Change Name pertinent to your
situation using Form 1. You must have been a bona fde
resident of the county in which you intend to fle the
Petition for six months prior.
Step 2: File the Petition in the Circuit Court in the county in which
you reside.
Step 3: Prepare the Order for Hearing in Form 3 after the Petition
is fled and get a court date for hearing assigned.
Step 4: Prepare Form 4, Notice of Change of Name, and publish
that Notice once each week for four successive weeks in
any legal newspaper of the county of Minor Petitioner's
residence.
Step 5: Submit to the Court a copy of the notice as published.
Step 6: At hearing, any objections by persons who can show to
the Court good reason for objection to the name change
will be heard by the Court; and the Court may examine,
upon oath, any of the Minor Petitioners, demonstrates or
other persons touching the application, and may make an
Order changing the name or dismissing the application,
as to the Court may seem reasonable and proper.
Step 7: If the Court fnds that it is reasonable and proper to issue
the Order Changing Name, prepare that Order using Form
2 and present it to the Court for signing.
Step 8: Upon signing of the Order to Change Name, the Minor
Petitioner, if registered to operate a motor vehicle, may
apply for a duplicate license using the new name. A
certifed copy of the signed Order to Change name must
be presented.
Step 9: Obtain a certifed copy of the Order from the Clerk after it
has been signed by the Judge. You are now ready to
notify appropriate persons and governmental agencies of
the change.
NOTE ABOUT COMPLETING THE FORMS
The forms in this packet contain “form felds” created using Microsoft Word. “Form
felds” facilitate completion of the forms using your computer. They do not limit
you ability to print the form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form felds, go the View menu, click on Toolbars,
and then select Forms. This will open the forms toolbar. Look for the button on the
forms toolbar that resembles a shaded letter “a”. Click in this button and the form
felds will be visible.
The forms are locked which means that the content of the forms cannot be
changed. You can only fll in the information in the felds.
If you need to make any changes in the body of the form, it is necessary for you
“unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE
CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU
UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE
FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE
LOST. To unlock click on “Tools” in the Menu bar and then selecting “unprotect
document”. You may then be prompted to enter a password. If so, the password is
“uslf”. That is uslf in lower case letters without the quotation marks . After
you make the changes relock the document before you being to complete the
felds.
After any required changes and re-protecting the document, click on the frst form
feld and enter the required information. You will be able to navigate through the
document from form feld to form feld using your tab key. Tab to a form feld and
insert your data. If problems, please let us know.
LAW SUMMARY
The law summary for this package may be located and printed from the following
address:
http://www.uslegalforms.com/sd/SD-NAME-3.htm
DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and
forms for the State of South Dakota. All Information and Forms are subject to this
Disclaimer: All forms in this package are provided without any warranty, express or
implied, as to their legal efect and completeness. Please use at your own risk. If
you have a serious legal problem we suggest that you consult an attorney. U.S.
Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal
Forms (USLF) are not a substitute for the advice of an attorney.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY
PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS
AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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