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"LAWCHEK� Name Change"
This is not a substitute for legal advice. An attorney must be consulted. "This
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Below please find a collection
of common 'Name Change' questions.
Some answers may include additional state-specific information.
NAME
CHANGE GENERAL INFORMATION
This information is for educational purposes only.
This is not a substitute for legal advice.
An attorney must be consulted for a Change of Name. Why would a person choose to change their
name?
Some
reasons for changing your name might be 1) Marriage; 2) Divorce; 3)
Becoming a U.S. Citizen; 4) Adoption; or 5) Personal Issues. Marriage In
many states a marriage license document will supply an area for a name
change. Locate the correct line and write in your new name. This should take care of the name change, for both men and
women, depending upon the situation of the marriage. If
you have questions regarding paperwork that should be prepared before
entering into a marriage, please consult an attorney. Divorce In
some states when dealing with a divorce, there will be a formal
proceeding, if requested, to return to a maiden name or to make a name
change. However, it is not always required, so individuals should
consult an attorney when dealing with a name change in a divorce. Becoming a U.S. Citizen Individuals
desirous of becoming Citizens of the U.S. will be required to change
their names in Federal Court when they become United States citizens. Adoption Adoption will also require a formal proceeding to provide a legal opportunity to change a child's name and, in some cases, the original birth certificate will be required. Personal Issues Name
changes can also be done on your own for personal reasons. How does a person go
about changing their name?
Each state will require certain procedures to make a name change. In most states a state court will oversee the procedure. In general many states will require paperwork for a name change so please consult an attorney before making a name change. Typically a name change will require some of the following documents: Birth Certificate A Petition for Change of Name A Decree Granting Change of Name In some cases public notification may be needed, in which an advertisement is posted in a local paper showing that the individual has applied for an intended name change. Please see these State-Specific Name Change Codes & Statutes: namechange codes by state How long does it take
to change your name?
The process will take some time because in most states the court will review the Petition before the Decree may be entered. It can take from 30 days or greater. Does it cost anything
to change your name?
In most states there are fees that are required to process the petition for a name change. In addition many states will need a copy of your birth certificate and the petition will need to be filled out clearly without any errors. Copies of everything will always be needed in each step. In this process some of the documents will need a notary. In many states your attorney will have that ability. The petition will be filed with the clerk of court or whomever is in the court to handle these papers. There will be fees for this procedure, which are set by each state; therefore, you will need to check with the county clerk to see what those filing fees may be. What happens after
you file a petition with the Court?
The
Judge will review the petition and it can either be approved or the
Judge may request a court hearing. In which case you will need to appear
in front of the Judge to answer questions.
Once the court hearing has been completed, the court will issue a
Decree Granting Change of Name. Are
there any instances when you cannot change your name?
A name change cannot be done for fraudulent purposes. Some examples of instances in which you cannot change your name include, but are not limited to, the following: 1)
You cannot change your name to avoid bankruptcy. 2)
You cannot change your name if you have been convicted of a felony. 3)
You cannot change your name if you have a lien or financial
judgment filed against you. 4)
You
cannot change your name with the intent to interfere with the Trademark
of a legitimate business. 5)
You
cannot change your name to intentionally confuse people, such as using
symbols or numbers. 6)
You
cannot change your name to an obscenity or a racial slur, depending upon
the state in which you live. 7)
You
cannot change your name to another individual�s name with the intent
to deceive others or the public. For example, you cannot change your
name to that of a celebrity in order to profit from the likeness. Do
I need to let individuals know that I have changed my name?
Once your name has been officially changed and has been adopted by your state, you will need to update certain records and notify the following organizations and government agencies: Banks,
Credit Card Companies, Insurance Companies, Utilities, Landlord.
Post Office, State Welfare, Child Support, Veteran�s Administration. IRS Name Change
http://www.irs.gov/faqs/faq-kw127.html http://www.lawsonline.com/directories_info/stdir.htm http://www.lawchek.net/election/voting.htm This is not a substitute for legal advice. An attorney must be consulted. "This
work is protected under the copyright laws of the United States. No
reproduction, use, or disclosure of this work shall be |
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