Rule 4:72-1.Complaint

Last amended September 1, 2022 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:72-1 routes an adult's name-change action to the Law Division and a minor's (or a combined family) name-change action to the Chancery Division, Family Part, each requiring a verified complaint disclosing any prior convictions or pending charges and confirming the request isn't meant to dodge creditors or prosecution.

Full Text of Rule 4:72-1

Text sizeJump to: (a) (b) (c)

(a) Change of Name for Adult.

(1) Generally. An action for change of name of an adult shall be filed and heard in the Law Division, Civil Part. The action shall be commenced by filing a verified complaint which shall contain the date of birth of the plaintiff and shall state: (1) that the application is not made with the intent to avoid creditors or to obstruct criminal prosecution or for other fraudulent purposes; (2) whether plaintiff has ever been convicted of a crime and, if so, the nature of the crime and the sentence imposed; (3) whether any criminal charges are pending against plaintiff and, if so, such detail regarding the charges as is reasonably necessary to enable the Division of Criminal Justice or the appropriate county prosecutor to identify the matter.

(2) Return to Prior Name or Assumption of New Surname in Dissolution Matters. Any action for return to a name used prior to a marriage or civil union shall be filed and heard in the Chancery Division, Family Part, either as part of the dissolution complaint or by post-judgment motion. Any action to assume a new surname may be filed and heard in the Chancery Division, Family Part only when it is sought as part of the final relief in a pending dissolution case.

(b) Change of Name for Minor. An action for the change of name of a minor shall be filed and heard in the Chancery Division, Family Part. The action shall be commenced by filing a verified complaint by a parent or guardian on behalf of the minor which shall contain the date of birth of the minor and shall state: (1) that the application is not made with the intent to avoid creditors or to obstruct criminal prosecution or for other fraudulent purposes; (2) whether the minor has ever been adjudicated delinquent or convicted of a crime and, if so, the nature of the crime and the disposition/sentence imposed; (3) whether any criminal charges are pending against the minor and, if so, such detail regarding the charges as is reasonably necessary to enable the Division of Criminal Justice or the appropriate county prosecutor to identify the matter. Absent extraordinary circumstances, where the parent or guardian and the minor consent to the change of name, the court shall conduct the hearing in a summary fashion for the limited purpose of creating a record and confirming the information set forth in the verified complaint.

(c) Change of Name of Adults and Minors in Same Family. An action for change of name of both adults and minors in the same family shall be filed and heard in the Chancery Division, Family Part and shall follow the same process as set forth in paragraph (b) of this rule.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:91-1. Amended July 11, 1979 to be effective September 10, 1979; amended July 15, 1982 to be effective September 13, 1982; amended November 1, 1985 to be effective January 2, 1986; amended July 13, 1994 to be effective September 1, 1994; former text of rule designated as paragraph (a) and; amended, paragraph (a) caption added, and new paragraph (b) adopted July 9, 2008 to be effective September 1, 2008; paragraph (a) caption; amended, paragraph (a) text; amended and designated as subparagraph (a)(1) with new caption, new subparagraph (a)(2) caption and text adopted, paragraph (b) caption and text; amended, and new paragraph (c) caption and text adopted July 27, 2018 to be effective September 1, 2018; subparagraph (a)(1) and paragraph (b) amended August 5, 2022 to be effective September 1, 2022.

Plain-English Summary

Where a name-change case gets filed depends on who's asking. An adult seeking a new name files in the Law Division, Civil Part, with a verified complaint giving a birth date and disclosing any past convictions or pending criminal charges, along with an assurance the request isn't meant to dodge creditors or obstruct a prosecution. Returning to a pre-marriage name, or taking a new surname as part of a divorce, instead goes through the Chancery Division, Family Part, as part of or after the dissolution case.

A minor's name change follows a different track entirely: the Chancery Division, Family Part, on a verified complaint the parent or guardian files, with the same disclosures adapted to the child. When parent and minor both consent, the court can handle the hearing summarily, just to build a record and confirm what the complaint already says, and a request covering both adults and minors in the same family follows that same Family Part process.

Frequently Asked Questions

Where does an adult file to change their legal name in New Jersey?

In the Law Division, Civil Part, by verified complaint.

Where is a minor's name-change action filed?

In the Chancery Division, Family Part, by verified complaint filed by a parent or guardian.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:72-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: name change actionchange of name petition