There are several reasons you might want to legally change your name and they aren’t all to do with being called ‘stinky’ thanks to your surname being Stinkson!
If you want to legally change your name bear the following in mind:
You may change your name if:
* You are getting married.
* You are getting divorced.
* You just don’t like your first name, last name or both!
* You want to reclaim your original family name.
* You are a celebrity or well-known person and want a name that enhances your image.
* You are a legal alien.
* It is a name change related to adoption.
It was the Romans who first made changing your name a workable option. Under Roman law, you were allowed to legally change your name if and when you wanted to, that is so long as it isn’t for a fraudulent purpose. This law still governs name changes in the United States today -strange but true!
Changing ones name for reasons of fraud is known as an alias and no, it’s not legal!
What Are Your Options
If you are prepared for some paperwork you can legally change your name in one of two ways:
1. Choose a new name and use it consistently. This is known as ‘common usage’.
2. Change your name via a formal court process. Obviously this is preferred – just think of the confusion at the bank if you just start calling yourself well you can imagine!
Do remember that you can’t legally change your name to just anything, there are some limitations:
* Names cannot be changed if you have fraudulent intent. In other words if you are trying to avoid bankruptcy by being somebody new or plan to commit a crime using another name.
* A name change is not allowed if you want to take advantage of a trademarked name. So you can’t call yourself Oprah and benefit from her marketing power or start your own talk show with the same name.
* You can’t use numbers in your name (for example 911) to confuse people and you can’t use symbols in the name either. If you like, you can use Roman numerals after your name to indicate which generation you belong to (how many times members of your family have been called Thomas Figoff for example.
* You may not use racial slurs or naughty words in your name.
* If you are a minor child you can’t change your name without a court deciding in your favor.
If you legally change your name in a court proceeding, you have a legal record of your name change but remember that it’s not all so easy. If you change a child’s last name to yours, it isn’t the same as an official adoption and you can’t change your name to eradicate past mistakes. If you change your name to match your significant others it isn’t the same as being married.
Getting a Court Order to Legally Change Your Name
There are three common reasons for wanting a name change:
1. Desire (you want to).
2. You’re getting married
3. You’re getting divorced.
Desire
Contact your local lawyer, call the court or find out what the law says in the state statutes about name changes. Depending on which state you live in the court that oversees name changes may differ i.e. civil, probate or superior court. Most often it is done at local level. Start by enquiring at your county court.
Do the paperwork to legally change your name – this usually includes:
* A petition to legally change your name – make sure you don’t misspell your new one!
* An order granting change of name.
* A legal backer form.
* A notice of petition to the public (this is an advertisement in a local newspaper).
* An affidavit of consent by parent/wife/husband, if relevant.
* An affidavit of service of notification to authorities (this will be necessary if you are an alien, ex-convict or attorney.
Your petition to Legally Change Your Name will ensure that you meet the requirements and contain an address and a copy of your birth certificate. The other papers make sure that others are aware of your intention to legally change your name. A few of these documents may need to be notarized but this is usually free of charge and can be done by a public notary. Make copies for your own records.
You can file your papers by giving them to the clerk of the court or other official. You will probably have to pay a fee for the filing and then you will be issue with a docket number. Almost there!
A judge will now review your case and approve it immediately or request that a court hearing be held, this often depends on where you live. It may be a good idea to ask if a court hearing is standard procedure.
Once the petition is signed you will need to visit the court again to retrieve it.
Next, you will need to place and advertisement in the newspaper. If you are a lawyer, ex convict or alien you must notify the Immigration and Naturalization Services, the state bar or criminal justice system of your intention to legally change your name.
After the advert has run and your new identity has been noted by the authorities an affidavit will be sent to you. This must be returned to the clerk of the court.
The court will now issue you an Order Granting Change of Name. This is your new identity. You may have to pay for this documentation.
If you want to change a minor’s name, in addition to the above, note the following:
* The petition with a reason for the change must be submitted by an adult. Consent must be given by an adult.
* The reason that is given should make sense – for example an adoption or bringing a stepchild into a family.
* Both parents/guardians must be notified of the petition so that any parent who does not agree can come forward.
* Note that there could be controversy about a name change and a hearing is probably required. A judge will decide what is in the best interest for the child.
* If you are a parent who pays child support, your child’s name change does not affect that responsibility.
Marriage
A marriage license is issued to all married couples and does contain a section indicating your new name. To legally change your name, simply fill it in and it’s legal. This applies to men too. In the case where couples choose to hyphenate their surnames together and the man is then required to change his records too.
There are cases where the couple decides to totally change both their last names but in most cases the woman takes on her husband’s surname. In this event: don’t lose your credit rating due to your new name. Take steps to notify your credit bureau about the name change and ask that your credit rating built up while you were single is listed under your new name.
Divorce
When a couple gets divorced the applicable name changes are included in the divorce proceedings. If you prefer, you can continue to use your married name after the divorce.
Legal Aliens
When you become a legal United States Citizen you may legally change your name in a federal court.
Adoptions
When you adopt a child you may change his or her name and or his or her birth certificate.
If you do decide to legally change your name make sure you tell a few important people for example the Department of Motor Vehicles and Social Security Administration. Also notify the Bureau of Records or Vital Statistics that you are now known under another name. You may be asked to provide proof that you have legally changed it.
Also tell:
* credit card agencies * Internal Revenue Service * utility companies * your employer * the post office * your mother * passport * bank * stocks/bonds/mutual funds * retirement plans * real estate * professional associations * the Registrar of Voters * car registration * house, car and life insurance * your will * other people’s wills * your doctor * your lawyer * powers of attorney * trusts * contracts * frequent flyer programs * welfare office * veteran’s administration * academic institutions
That is about the extent of the vital information you need to legally change your name. Afterwards you should be quite ready to start using your new name without fear of retribution. You can legally change your name to virtually anything you want so pick one that really say’s ‘This is me’ and then go out and enjoy it!