In South Dakota, you may change your first, middle, and/or last name. If granted by the court, you may also seek to amend your birth certificate to reflect the changed name.
In order to legally change a name you must file a verified petition form with the clerk of court’s office in the county where you reside, provided you have resided there for more than six months. Once you file the verified petition, the case will be assigned a case number. This number must be on all documents filed with the court. You should be aware that there may be costs associated with any required publication of the notice of your name change.
Laws and rules regarding this process can be found at SDCL ch. 21‐37, SDCL 34‐25‐51, and ARSD 44:09:05:02. It is up to you to decide whether and how you use a lawyer in your case. The law allows you to do a name change case without a lawyer. You can represent yourself, which is also known as pro se.
A different set of forms must be submitted for changing the name of an adult versus changing the name of a minor child. The forms and instructions are provided below. You can also use the Guide and File system to help you create the documents you need to begin the process.
Guide and File Name Change Forms
The Guide and File system will help you create the documents you need to begin the process of changing an adult or minor child's name and other documents you will need later.
Guide for Representing Yourself in Court
In this booklet, you will learn how the South Dakota court system works. You will learn the process to represent yourself in a courtroom without a lawyer.