Cherokee County
CLERK OF COURTS
Name Change Packets
Name Change Proceedings – General Information
The following information is provided by the Clerk of Superior Court for general informational purposes only. It describes common filing steps and is not legal advice. It should not be relied on to determine whether a particular filing is appropriate, complete, or likely to be granted. Requirements can depend on the type of request and the facts of the case. Anyone with questions about their own situation should consult an attorney.
Adult Name Change
An adult seeking a court-ordered name change may file an Adult Name Change Packet with the Superior Court.
Under Georgia law, notice of an adult name change petition is generally published in the county legal organ, the Cherokee Tribune, once a week for four consecutive weeks. Publication is generally started within seven days after the petition is filed. After publication is complete, the publisher’s affidavit is filed with the Clerk as part of the case record.
In limited circumstances described by statute, such as certain requests involving family violence or human trafficking, a petitioner may ask the Court to limit or waive publication. The Clerk’s Office cannot determine whether that request applies.
Restoration of Birth Surname After Divorce
Name Change (Restoration of Birth Name)
Restoration of a birth surname after a divorce is handled differently from a general name-change petition.
Under O.C.G.A. § 19-5-16, a former spouse may ask the Court, after entry of the divorce judgment, to restore the surname shown on that person’s birth certificate. Publication in the legal organ is not required for that request. A copy of the divorce judgment or decree is generally filed with the request.
A request to return to a prior name outside that divorce procedure is generally filed as a name-change petition and may require publication. The Clerk’s Office cannot determine which procedure applies.
Minor Name Change
A request to change the name of a minor may be filed using a Minor Name Change Packet.
A minor name change generally requires the same publication in the Cherokee Tribune, once a week for four consecutive weeks, and filing of the publisher’s affidavit after publication is complete. Georgia law also generally requires written consent of the child’s living parents, or of the child’s guardian if both parents are deceased or have abandoned the child, and service of the petition on the parents or guardian. Statutory exceptions may apply. The Clerk’s Office cannot determine whether consent, service, or an exception is required in a particular case.
Legal Assistance
The Clerk of Superior Court’s Office cannot provide legal advice, select the correct procedure, complete forms, or advise anyone about legal rights or requirements. Packets and filed documents are accepted for processing only. Questions about eligibility, notice, consent, service, or objections should be directed to an attorney.