Waiving Publication Requirements for Name Changes

Waiver Information: If newspaper publication of your proposed name change could harm your safety, you can ask the court to skip this step (called a waiver). Complete the Request to Waive Newspaper Publication in Adult Change of Name Case (form CIV-708) and attach it to your main petition when filing your case. This form also lets you request that your case be kept confidential or sealed, or that your name appear as "Not Published" on the public CourtView system—it explains what each option means in more detail. Just fill out page 1 (page 2 is for the judge), and you can get it notarized along with your petition.

The court might approve or deny your request based only on the form, or it could set a hearing focused solely on the waiver and confidentiality issues (not the actual name change). If you submit form CIV-708 when starting your case, it stays private until the judge decides: if approved, it remains non-public and no newspaper publication occurs; if denied, you get at least 10 days to withdraw (cancel) the petition before it goes public—if you withdraw, the case closes without becoming public; if not, a name change hearing gets scheduled and notice is published in the newspaper. If you file the form after your case is already open, it stays public until the decision: if approved, it's quickly hidden from view; if denied, the case continues normally.

Applicable Form(s): Request to Waive Posting in Adult Change of Name Case (CIV-708)

Waiver Information: Publication waivers are granted in specific circumstances where public disclosure could jeopardize an individual's safety or privacy. The primary grounds include:

Domestic Violence, Stalking, or Sexual Assault: Individuals in the Safe at Home address confidentiality program or those changing their name to avoid domestic violence, stalking, or sexual assault (or filing on behalf of a victim) can request a waiver to prevent abusers from locating them.

Gender Identity: Since July 1, 2014, California has exempted individuals changing their name to affirm their gender identity from the publication requirement, recognizing that public notice could expose transgender, non-binary, or gender non-conforming individuals to discrimination, harassment, or violence.

State Witness Protection Program: Participants in this program can request a waiver to maintain anonymity and ensure their safety.

Applicable Form(s): Attachment to Petition (This form should detail the reasons for requesting a waiver, such as participation in the Safe at Home program or safety concerns due to domestic violence, stalking, sexual assault, or gender identity.)

Waiver Information: Colorado law allows waivers of the publication requirement under specific circumstances where public notice could pose a risk to the petitioner’s safety or well-being. Those circumstances include:

Victims of Domestic Violence, Child Abuse, or Domestic Abuse: Petitioners who have been victims of a crime involving domestic violence, child abuse, or domestic abuse can request a waiver if the court finds these circumstances on the record. This protects survivors from potential harm by abusers who might locate them through the notice.

Good Cause: Courts may grant waivers for other compelling reasons, such as participation in an address confidentiality program or other safety concerns, though this is subject to judicial discretion.

Applicable Form(s): No specific statewide form exists solely for publication waivers. Petitioner includes the reason a waiver is requested in the Petition For Change of Name.

Waiver Information:

Victims of Family Violence or Human Trafficking: Under Georgia Code § 19-12-1(c), courts may waive publication for petitioners determined to be victims of family violence (as defined in § 19-13-1) or human trafficking (§ 16-5-46). This protects survivors from abusers or traffickers who might locate them through the published notice.

Safety and Privacy Concerns: While not explicitly detailed in the statute, some courts may consider waivers for other compelling safety reasons, such as risks to transgender individuals or participants in address confidentiality programs, though approval depends on judicial discretion and the evidence provided.

Transgender Individuals: Although Georgia law does not explicitly exempt gender-affirming name changes from publication, some petitioners have successfully requested waivers by citing safety risks, such as potential discrimination or violence due to outing their transgender status.

Applicable Form(s): Georgia does not have a specific statewide form dedicated to publication waivers. Instead, petitioners must contact their local county Superior Court Clerk on how to proceed with publication waiver requests.

Waiver Information: Hawaii law allows waivers of the newspaper publication requirement in cases where public disclosure could endanger the petitioner. The main criteria for waivers are:

Safety Concerns: Under Hawaii Revised Statutes § 574-5(e), a waiver may be granted when a prosecuting attorney submits an affidavit stating that publication is unnecessary due to safety risks to the petitioner. This typically applies to victims of domestic violence, stalking, or other threats where publicizing the name change could lead to harm.

Address Confidentiality Program: Participants in Hawaii’s Address Confidentiality Program, administered by the Department of the Attorney General, may qualify for a waiver to protect their identity and location from abusers or other threats.

Applicable Form(s): There is no specific standalone form for requesting a publication waiver in Hawaii. Instead, petitioners must include a request for exemption in the petition or submit a separate affidavit, supported by a prosecuting attorney. The affidavit must demonstrate that publication poses a safety risk, citing specific concerns like domestic violence, stalking, or participation in the Address Confidentiality Program. Supporting documentation, such as restraining orders, police reports, or proof of program enrollment, should accompany the request.

Waiver Information: In Idaho, publication waivers are granted on a limited basis. Waiver approval varies by judge and county, with some judges requiring hearings or stronger evidence than others. Consideration for waiver approvals include:

Address Confidentiality Program: Idaho’s program, managed by the Secretary of State, provides a substitute address for survivors of domestic violence, stalking, or sexual assault. Enrollment strengthens a waiver request, and petitioners should include verification from the program.

Victims of Domestic Violence or Stalking: Petitioners who demonstrate a credible risk of harm, such as from an abuser or stalker, may request a waiver to prevent their location or new identity from being exposed. This is often supported by evidence like restraining orders or police reports.

Applicable Form(s): Idaho does not have a specific form dedicated to publication waivers. Petitioners must include a request for exempt ion within the petition or file a separate motion or affidavit detailing the safety or privacy concerns justifying the waiver. Supporting documentation, such as restraining orders, police reports, or proof of enrollment in the Address Confidentiality Program, should be attached.

Waiver Information: In Illinois, a waiver of the publication requirement may be granted if the person believes that publishing notice would present a hardship, including but not limited to, a negative impact on a person’s health or safety. When waiver of publication is sought, the waiver is presumed granted and is heard at the same time as the petition, where judicial discretion is reserved to determine whether a hardship is shown.

Applicable Form(s): Motion to Impound (Make Court Records Private)
Order on Motion to Impound (Make Court Records Private)

Waiver Information: Common bases for requesting a publication waiver in Indiana include circumstances where public notice could endanger the petitioner’s safety or well-being. Qualifying reasons include:

Risk of Physical Harm or Discrimination: Petitioners can request a waiver if publication would expose them to physical harm (e.g., from domestic violence, stalking, or abuse) or discrimination, particularly for transgender or non-binary individuals whose public outing could lead to harassment or violence.

Address Confidentiality Program: Participants in Indiana’s Address Confidentiality Program, administered by the Attorney General, may qualify for waivers to maintain anonymity, especially for survivors of domestic violence, stalking, or human trafficking.

Good Cause: Courts have discretion to waive publication for other compelling reasons, such as significant privacy concerns, though approval depends on judicial discretion and the strength of the evidence provided.

Applicable Form(s): Indiana does not have a specific statewide form solely for publication waivers. Contact the Court Clerk for information on how to proceed with a publication waiver request in your local court.

Waiver Information: In Massachusetts, the requirement for providing public notice of the Name Change Petition can be waived for “good cause”. Examples of good cause shown may include that (a) the petitioner seeks to change a first/middle name only; (b) the change of name of a minor child is assented to by all persons interested; (c) publication poses a safety risk to an adult or minor child; and (d) the petitioner seeks to resume a former legal name.

Applicable Form(s): Ask the Court Clerk for a "Motion to Waive Publication Requirement". If you wish to have the court keep the name change confidential, you may also ask for a "Motion to Impound".

Waiver Information: In Michigan, you need to show there is “good cause” not to publish. Good cause may include of these reasons:

Publishing would put someone in physical danger;

Publishing would put someone at risk of discrimination (for example, discrimination against transgender people); and/or

Publishing would be harmful for another important reason.

You can publish notice of the name change and continue with the process.

You can stop the name change process. You can file again in the future if you want.

You can request a special hearing about publication. At the publication hearing, you explain why publishing notice of the name change would be harmful. If the judge still doesn’t agree with you, you will have another chance to choose one of the two options above.

Applicable Form(s): Petition for Name Change and Ex Parte Request for Nonpublication and Confidential Record

Waiver Information: The publication requirement may be waived for victims of domestic violence or child abuse.

Applicable Form(s): Missouri does not have a specific form dedicated solely to publication waivers. Petitioners must include a request for exemption within the Petition for Change of Name.

Waiver Information: Petitioners who demonstrate that publication could expose them to physical harm, such as from domestic violence or stalking, can request a waiver to prevent abusers from locating them.

Applicable Form(s): Petition for Name Change (Safety at Risk) (Packet)

Waiver Information: In instances where a petitioner may be endangered by the publication of the Notice of Filing of a Petition for a Name Change (such as in cases of domestic violence, stalking, or other credible threats), the requirement to publish may be waived by order of the Court.

Applicable Form(s): Petitioner's Showing and Request for Waiver of Publication
Order Waiving Publication of Petition to File for Name Change

Waiver Information: If you feel that your personal safety would be at risk if the Notice of Petition for Change of Name were published in a newspaper, you can ask the judge to waive the publication requirement and seal your case. Waivers are only granted in rare circumstances. To ask the judge to waive the publication requirement and seal your case, complete the publication waiver packet and follow all of the included instructions.

Applicable Form(s): Publication Waiver Packet

Waiver Information: Eligible circumstances for requesting a publication waiver in North Carolina include situations where public notice could endanger the petitioner’s safety or well-being. Key reasons for eligibility include:

Victims of Domestic Violence, Sexual Offense, or Stalking: Petitioners who provide evidence that they are victims of these crimes can request a waiver. Acceptable evidence includes law enforcement, court, or other federal/state agency records, or documentation from a program receiving funds from the Domestic Violence Center Fund.

Address Confidentiality Program: Participants in North Carolina’s Address Confidentiality Program, managed by the Department of Justice, qualify for a waiver to maintain anonymity, particularly for survivors of domestic violence, sexual assault, stalking, or human trafficking.

Applicable Form(s): North Carolina does not have a specific form solely for publication waivers. Contact the Clerk of your local Superior Court for information on how to proceed with a publication waiver request in your local court.

Waiver Information: However, before you publish notice of your name change, you may ask the judge to waive the publication requirement if:

You’re only asking for a change to your first or middle name; or

You’re a victim of domestic violence as defined by North Dakota Century Code Section 14-07.1-01, which states: “Domestic violence includes physical harm, bodily injury, sexual activity compelled by physical force, assault, or the infliction of fear of imminent physical harm, bodily injury, sexual activity compelled by physical force, or assault, not committed in self-defense, on the complaining family or household members.”

Applicable Form(s): North Dakota does not provide a specific form solely for publication waivers. Petitioners must include a request for exemption within the Petition for Name Change or submit a separate affidavit or motion detailing the reasons, such as being a victim of domestic violence or changing only a first/middle name. Supporting evidence, such as restraining orders, police reports, or documentation of Address Confidentiality Program enrollment, should be included for safety-related requests.

Waiver Information: Ohio law allows courts to waive publication if the petitioner provides satisfactory proof that public notice would kindize their personal safety, such as in cases of domestic violence, stalking, or other credible threats. This includes survivors of abuse who fear retaliation if their name change is publicized.

Applicable Form(s): Ask the Superior Court Clerk for an Application to Waive Publication Requirement and Seal File

Waiver Information: Eligible circumstances for requesting a publication waiver in Oklahoma are based on showing "good cause," as outlined in Oklahoma Statutes Title 12 § 1633(B). The statute explicitly allows waivers in cases of domestic violence where court proceedings are sealed, to prevent abusers from locating the petitioner through public notice. This extends to victims of stalking or sexual assault, where publication could pose a danger.

Applicable Form(s): Oklahoma does not have a specific form solely for publication waivers. Instead, you may want to obtain a “Sealed Name Change”. Sealing the court records from the public view would be best done by an attorney who knows the appropriate forms to use and can explain the facts to the judge that would justify Sealing the Name Change in the Court files.

Waiver Information: Petitioners who demonstrate that publication could expose them to physical harm, such as from domestic violence, stalking, or abuse, may request a waiver to prevent abusers from locating them.

Applicable Form(s): Pennsylvania lacks a universal waiver form, but counties like Bucks, Chester, and other provide specific motions. Check with the Clerk of the Court of Common Pleas in your county to inquire about a waiver form/motion.

Waiver Information: Petitioners in South Dakota who demonstrate that publication would put their safety at risk, such as victims of domestic violence, stalking, or other credible threats, may request a waiver. This is supported by SDCL § 21-37-5.2, which allows the court to waive notice and open court hearing requirements for victims of domestic violence, abuse, or those with other safety concerns.

Applicable Form(s): South Dakota does not have a specific form dedicated solely to publication waivers. Petitioners must include a request for exemption within the Verified Petition or file a separate motion or affidavit detailing the safety concerns, such as domestic violence or transgender-related risks. Supporting evidence, such as restraining orders, police reports, or Address Confidentiality Program enrollment verification, should be attached.

Waiver Information: In West Virginia, Petitioners who demonstrate that publication could pose a risk to their personal safety, such as victims of domestic violence, stalking, or other credible threats, may request a waiver to prevent abusers from locating them. This is explicitly supported by West Virginia Code § 48-25-101(a)(10), which requires petitioners to indicate in their petition whether they seek to protect their identity for safety reasons.

Applicable Form(s): West Virginia does not provide a specific form solely for publication waivers. Petitioner must include the waiver request in the Petition, specifically outlining the reason for the safety concerns. In addition to waiving publication, petitioners can request information from the Clerk on how to seal court records pertaining to the name change.

Waiver Information: Wisconsin Statutes § 786.37(4) explicitly allows a judge to waive the publication requirement if a Petition for Confidential Name Change is filed and the judge determines that publication could endanger the petitioner, such as in cases of domestic violence, stalking, or other credible threats.

Applicable Form(s): Petition for Confidential Name Change for Adult or Minor 14 or Older

Waiver Information: Wyoming law explicitly allows waivers for victims of domestic violence, particularly those with restraining orders, to prevent abusers from locating them through the published name change notice.

Applicable Form(s): Wyoming does not provide a specific form solely for publication waivers. Petitioner must include the waiver request in the Verified Petition for Change of Name or file a separate motion or affidavit detailing the safety concerns, such as domestic violence or transgender-related risks. Supporting evidence, such as restraining orders, police reports, or Address Confidentiality Program enrollment verification, should be attached. In addition to waiving publication, petitioners can request information from the Clerk on how to seal court records pertaining to the name change.