Legally Change Your Name

There are a variety of reasons you may want to change your name. You may have recently been married or divorced, or you may just want a new name. Follow the directions below and you will have your new name in no time.

Steps

Getting the Process Started

  1. Choose an appropriate name. If you are changing your last name to match your husband's or wife's last name, or if you were recently divorced and want to change your name back to what it was before, then this step is easy. However, if you are coming up with a brand new name for yourself then you have to make sure your new name meets a few basic guidelines. Here are some things you should avoid when you choose your new name:
    • don't pick a name that is a racial slur, incites violence, or is just generally offensive;
    • don't pick a name that is intentionally confusing or one involving numbers or punctuations;
    • don't choose the name of a celebrity or popular figure (e.g., Kobe Bryant or George Bush);
    • don't choose a name for fraudulent or illegal reasons (e.g., evading debt collectors or other legal responsibilities).[1]
  2. At this point, if you are changing your name because of a marriage or divorce, you will simply start transitioning to your new name.[2] If you are in this category, gather your marriage certificate or divorce decree and skip to Part 3. If you are changing your name for any other reason, continue with the complete process.
    • Note that some states have also consolidated the name and gender change into one process (notably California). If this is the reason for your name change, see if your state has streamlined this process.
  3. Gather the appropriate materials. While each state's requirements will be different, finding those requirements will always involve going to your state's government website and/or visiting your local courthouse. For example, you will usually be able to find these forms at your local courthouse by going to the information desk and asking for help or talking with the clerk of courts. If you are going online to find these documents, try using a search for "name change petition form in [your state]." This should bring up a list of websites and you should choose the one that is your state's government website (it will usually end with a .gov). From there you should be able to find the other documents you need. In most states, the proceedings are handled by the probate or family court, but it does vary by state and county. In general, you will need the following documents:
    • A Petition for Change of Name.[3]
    • An Order to Show Cause for Change of Name.[3]
    • A Social Security Card.
    • A birth certificate.
    • A photo ID.
  4. Fill out the required court forms. The required court forms generally ask for the following information:
    • Petition for Change of Name. This document will ask for general information such as your present name, your proposed new name, and the reason you wish to change your name.[4] [5]. Some of the reasons you may change your name include not liking your current name; changing your name to properly reflect your gender; or making a change because you got married or divorced.[3]
    • Order to Show Cause for Change of Name. This document asks for general information about the name change and is then published at least once a week in a newspaper of your choosing.[6] In many states you are required to do this so interested parties have an opportunity to object to your name change.

Changing Your Name

  1. File your forms with the correct court. Once you have filled out the required forms and you have gathered all of your required materials, you will take your information to your local court that handles name change petitions.[7] Once there, the clerk of courts will ask you to sign and date the documents.
    • Many states, like Texas, require you to have your written application notarized before you submit it, so be sure to sign it in front of a notary.[8]
    • Some states, like California, require you to submit your original signed name change petition along with two copies.[9]
    • Several states do require you to post your name change in a local newspaper for several weeks. Find out if your state requires this, and be sure to publish it in plenty of time before your court hearing takes place.
  2. Pay the filing fee. Each state will require you to pay a different fee for changing your name, although in some cases you may be able to get a fee waiver.[3] Filing fees typically range from $100-$200, but some states' fees are higher or lower. Once you have paid the required fee or have had it waived, the clerk of courts will provide you with a hearing date.
    • In California, the current filing fee for a name change petition is $435, and can be more in certain counties.[10]
  3. Attend your court hearing. When you go to the hearing, the judge will review your petition and will decide whether to grant your order to change your name. The judge will review the facts and will make a decision based on what you present to the court.
    • Be sure to arrive 15-20 minutes before your hearing and plan your transportation and parking arrangements in advance.
    • You need to bring copies of all the documents you filed with the court as well as a pen and paper.
    • Most name change hearings will be short and routine. However, be prepared for anything.
    • You should be prepared to confirm all of the information on your petition under oath.
    • You may encounter problems if your name violates any name changing standard, or if the judge raises an issue as to why you are asking for the name change.

Transitioning to Your New Name

  1. Make copies of the name change decree. When the judge grants your name change request, the court will provide a name change decree, which is a court order that approves your name change.[3] You will use this decree to change all of your legal documents.[3]
    • If you are changing your name because of a marriage or divorce, you will simply gather your marriage certificate or your divorce decree.
  2. Inform all necessary parties of your name change. Using your name change decree, marriage certificate, or divorce decree if necessary, you will need to inform all governmental, financial, and business institutions of your new name. Some institutions may allow you to make the change over the phone, while others will require written notice and documentation. Some of the necessary parties include your:
    • government agencies that issue legal documents (social security cards, birth certificates, passports, and photo IDs);
    • school;
    • bank;
    • place of work;
    • creditors;
    • attorney;
    • mortgage lender; and
    • post office.
  3. Start using your new name immediately. In order to avoid confusion, you should start using your new name all the time. Get into the habit of using it and tell everyone you meet your new name.

Warnings

  • Don't change your name for improper or illegal reasons.
  • Make sure you look into and understand your state's specific laws when changing your name.
  • If you are changing your name because of a marriage or divorce, you may not need to have a court hearing to change your name. Visit or call your local DMV or Social Security Office and ask if you can change your name on your license and social security card without a court order.[7]
  • Some states require you to get fingerprinted when you begin the name-changing process. For instance, Florida and Michigan both mandate the submission of fingerprints to law enforcement authorities before a name change can be completed.[11] [12]

Related Articles

Sources and Citations

  1. ↑ http://blogs.findlaw.com/law_and_life/2012/04/do-you-want-to-legally-change-your-name.html
  2. ↑ http://family.findlaw.com/marriage/changing-your-name-after-marriage.html
  3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 http://www.courts.ca.gov/22489.htm
  4. ↑ http://www.courts.ca.gov/documents/nc100.pdf
  5. ↑ http://www.courts.ca.gov/documents/nc110.pdf
  6. ↑ http://www.courts.ca.gov/documents/nc120.pdf
  7. ↑ 7.0 7.1 http://family.findlaw.com/marriage/how-to-legally-change-your-name.html
  8. ↑ https://webservices.sos.state.tx.us/forms/2305.pdf
  9. ↑ http://www.courts.ca.gov/1051.htm
  10. ↑ http://www.courts.ca.gov/documents/filingfees.pdf
  11. ↑ http://courts.mi.gov/self-help/center/casetype/pages/namechangesh.aspx
  12. ↑ http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0068/Sections/0068.07.html
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