Jumping Through Hoops: Changing Your Name in Michigan

On September 1st, I changed my name. It was a liberating experience, one that a lot of trans people go through. I had the assistance of a friend, J, who had been through the process years before, but I know some people might have to go it alone. I can't do a step by step guide here (I'm not a lawyer and can't offer legal advice), but I can share my experience and hopefully improve someone else's foray in our court system, specifically the 3rd Circuit Court of Wayne County. The procedure in other counties will be similar, not identical.

On June 30th, I went down to the Coleman A. Young Municipal Center in Detroit to file my paperwork. Upon going to the County Clerk's office (room 201) to check where I was supposed to go first, I found that all of the forms I electronically filled out and printed off the 3rd Circuit Court's website were not useable. For whatever arbitrary reason, the exact same forms had to be filled out by hand, in person, so I had to ask for the forms at the counter.

After filling out the required forms, J and I took the elevator to the ninth floor. In room 928, I filed the petition for name change and another form, paid the $150 filing fee, and received stickers with my case number and assigned judge, to go on each piece of paperwork (they gave me around twenty, when I only needed four, but I found I needed a few more later). I also had a brief chat with the clerk helping me; they regularly see trans people changing their names, so it's nothing new to any of them.

Now, because I am only 20, I didn't need to have a formal background check done. The County Clerk does their own quick file check (marked on the forms as requiring a separate trip to the basement Records Room, even though they now do the check in 928 when the forms are filed. They haven't updated the forms to tell anyone this, of course).

The Michigan State Police and the FBI do their own record checks if the petitioner is 22 or older, and that step adds weeks to the process. The procedure is outlined on the instruction form provided by the County Clerk, for those needing to do it. If you have a criminal record, you also have to prove that your name change is not with fraudulent intent.

Able to skip the background check, J and I went directly up to the 15th floor. I filed the praecipe (request for a formal order) and the name change petition with the court clerk, and received my court date. I had to postpone it two weeks due to (what I thought was) a training conflict, so my date was scheduled for August 26th.

From the courtroom, J and I went down to the 13th floor, to the reception area of the Detroit Legal News. There, I filed my Notice of Hearing, which was basically a short blurb declaring that I was changing my name and for any interested parties to show up. The fee is $71.30; unlike the County Clerk, which takes some debit and credit cards, Detroit Legal News only takes cash. Cue me rolling my eyes, and making a trip down to the ATM on the third floor.

After paying, I was done for the day. All I had left to do was wait. After a week, my published Notice of Hearing arrived, so I had proof to take with me to the courtroom.

Three weeks later, I received a notice from the court, informing me that my court date had been postponed to September 1st. The letter was delivered on a Friday, which meant I spent the whole weekend worrying if there would be a problem with my published Notice of Hearing now showing the wrong date. A call on Monday with the court clerk confirmed I had nothing to worry about, after all, since the court had changed the date, not me. Finding that I had to wait another week, after requesting a later date anyway due to a schedule conflict, was maddening, but there was nothing I could do.

Finally, the day arrived. I woke up early, got ready, and left for the hearing, with my sibling R in tow. We went to the County Clerk's office on the second floor, and I paid the $10 Entry of Order fee. Then, we went up to the fifteenth floor to wait in the corridor.

The courtroom opened almost half an hour late, but R and I had someone to talk to--A, who I had met through Affirmations, had coincidentally had her name change hearing schedule at the same time as mine. Upon entering the courtroom, I went and checked in with the court clerk. She asked for a few of the the case number stickers I had left over, and had me to check that the order was filled out correctly, and everything seemed fine. R and I sat down and waited for my turn.

I was nervous, but not too much--there were only seven or eight other people in the courtroom waiting to go before the judge. A friend's hearing in Oakland County took place in a packed courtroom, a marked contrast.

My name was called, and I went up to the podium. The judge asked me a few questions, and signed the order, wishing me the best of luck with my transition. The next case was called, and I went over to the clerk to pick up the signed order. I saw to my horror that there were glaring spelling mistakes--in my new AND old names! The order didn't even legally apply to me!

The clerk told me that I had seen the order when I checked in, and had already told her there were no mistakes. I admit I hadn't noticed the misspelling in my new name when I first saw the papers, but she hadn't even shown me the page with my old name misspelled! After 20 stomach clenched minutes, the clerk checked with the judge, who said she would just resign a new order.

The worst was over, but the clerk kept misspelling my name--it was three printouts later that she finally got it right. Relieved, R and I left with the new papers--two copies of the official order.

We took the elevator to the basement, and got copies of the order made in the Records Room. It was ridiculously expensive--the copies ran $4 per page (it probably costs them less than 5 cents per page for the black ink and paper), plus $11 for each certified order. I got two copies made, and had all four orders certified, so the total was close to $70. In retrospect, I really could have gotten by with the original two copies of the order, but it's always better to have spares.

Later that day, I went to the Secretary of State, and waited for two hours to see a clerk. When I finally got to the counter, it took less than five minutes and only $8 to have my driver's license updated, then I went and got a new ID photo taken. I didn't attempt to change my gender marker at that time, but I will once I can get a passport (since I can get one with an F on it, and have a piece of government-issued ID when I go to the SoS again). Afterwards, I went to my credit union to update my accounts.

A few days later, I went to the Social Security office, and had my name changed there, as well. If you can, it's best to do it the same day as the SoS, because driver's licenses are connected to Social Security numbers, and if the name attached to the SSN doesn't match, processing is delayed, or the name change for the ID can even be denied.

Now, I'm basically done. I might have a few other things left to change (library card, store member cards, etc), but I am now legally Emma--I even got my new Voter ID card yesterday. I don't have to be nervous about being outed when showing my ID, and anybody who actually notices the 'M' usually brushes it off as a typo. My photo now matches my current appearance, as well. My old license was from 2009, pre-transition, so the difference between the photo and my appearance sometimes caused confusion: When I voted last year, the volunteers working the polling location initially thought I was using my brother's ID. Hilarity ensued.

I have not had my name changed on my birth certificate yet. Michigan law requires a letter confirming an individual has had genital surgery, unfortunately, and it would be pointless to have just the name changed now if I can get the whole thing corrected in a few years. As an additional maddening requirement, you have to talk to one specific person in the Lansing office to have the proper forms mailed to you, then you have to deliver them to the Lansing office in person. Way to go, bureaucracy...this really screws trans people living in the upper peninsula who don't have the time to drive down, and any trans person who can't afford a car, unless they can get a ride from a friend and afford to miss one or two days of work, if they're lucky enough to be employed.

There isn't too much else to tell, but there is one thing that the court fails to mention anywhere on their forms or their website. If the filing fee would be a significant financial burden, you can apply for a waiver of the fee. I don't know how to do so, but it would be worth doing a bit of extra research, even if it's only for the $150 filing fee, and doesn't cover anything else. Your best bet would be calling the County Clerk's office and asking for more information.