LAWCHEK� & Lawsonline�
Personal Legal Sourcebooks
"LAWCHEK� Name Change"

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 
permitted without the prior express written authorization of the copyright owner.  Copyright �1994 - 2007 by LAWCHEK, LTD."


Below please find a collection of common 'Name Change' questions.
Some answers may include additional state-specific information.

Questions & Answers

   

 

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:

  Private Corporations

Banks, Credit Card Companies, Insurance Companies, Utilities, Landlord. 

  Government Agencies

Post Office, State Welfare, Child Support, Veteran�s Administration.

 

IRS Name Change

http://www.irs.gov/faqs/faq-kw127.html

  Department of Motor Vehicle in your State

http://www.lawsonline.com/directories_info/stdir.htm

  Voter Registration

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 
permitted without the prior express written authorization of the copyright owner.  Copyright �1994 - 2007 by LAWCHEK, LTD."
 

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