Notice to Individual(s) who are changing their names as part of an Application for Marriage
If you choose to change your name through the Marriage License Application process, there will be additional forms
required to be completed before your Marriage License can be issued.
Minnesota Statutes, §259.13 requires you to state whether you have been convicted of a felony since August 1,
2000. The law requires a person who has been convicted of a felony under any state or federal law on or after that
date to serve notice of the application for a name change on the prosecuting authority that obtained the conviction.
If the felony conviction is from Otter Tail County, notice of the application must be served on:
Otter Tail County Attorney
121 West Junius Ave. 2nd Floor
Fergus Falls, MN 56537
If the conviction is from another state or federal jurisdiction, notice of the application must also be served on:
Attorney General Lori R Swanson
1400 Bremer Tower
Minnesota Street
St. Paul, MN 55101
For persons who have been convicted of a felony after August 1, 2000 and who wish a change of name through
marriage must file the Felon Name Change Notice with proper prosecuting authority and file the Affidavit of Service
with the Otter Tail County Recorder as part of the application for a marriage license. Attached are the forms that are
required to be completed.
The prosecuting authority has 30 days from the date of service of the Felon Name Change Notice to object. During
this 30-day period, the Recorder may not grant the marriage license with the name change. The parties seeking the
marriage license have the choice of having the license granted without the name change or to delaying the issuance
of the license during the 30-day period.
If objection to the name change is filed by the prosecuting authority, the Recorder may not grant the marriage
license with the name change requested. It can grant a license without the name change. Or, the Applicant may
contest the prosecutor’s objection by filing a motion in court and requesting a hearing. At the hearing, the Applicant
must prove by clear and convincing evidence that the request is not based on intent to defraud or mislead, is made in
good faith, will not cause injury to a person, will not compromise public safety, or that failure to allow the name
change is an infringement upon a constitutional right. The parties seeking the marriage license have the choice of
having the license granted without the name change or delaying the issuance of the license pending the court
hearing.
A person who has a felony conviction who does not comply with Minnesota Statute 259.13 is guilty of a
gross misdemeanor.
If the marriage license is issued with the name change allowed for a convicted felon, the person whose name is
changed and the County are both required to report the name change to the Bureau of Criminal Apprehension within
10 days of when the license is issued. The address is: Bureau of Criminal Apprehension, 1430 Maryland Ave. East,
St Paul MN 55106; Attention: CRIS Section (failure to report is a gross misdemeanor)