How to Change Your Name Legally
By Teresa Ambord
Ever consider changing your name? People change their names for a variety of reasons such as divorce, or to display the nationality of their parents or grandparents. Some use pen names or professional names. Or maybe a name is just difficult or embarrassing.
Celebrities used to routinely change their names to sleek, non-ethnic, easy-to-remember titles. Kirk Douglas’s was born Issue Danielovich Demsky and Jane Seymour was born Joyce Penelope Frankenburg, neither of which exactly rolls off the tongue.
In most states, unless you are a minor or a prison inmate, you can legally change your name just by consistently using the new name in all areas of your personal, social, and business life. The upside is, changing your name this way is free. The downside, not all states recognize this method of name change. Plus, it can be harder to obtain some types of identification (like a passport) if you change your name simply by usage. That’s why it may be a better idea to make the change using a court document. Also changing your name using a court document creates a link between your old name and new name. If there is ever a question about your name, the court record can be checked.
What restrictions are there on changing your name?
- You cannot change your name with fraudulent intent (for example, you cannot change your name to Clint Eastwood if your intent is to commit fraud against the actor, or pose as him). You can change your name to the same name as a famous person, but the court will closely scrutinize your application to determine if you are trying to pose as the celebrity).
- You cannot interfere with the rights of others.
- You cannot use a name that would be intentionally confusing (like adding punctuation marks or numbers to your name. If you saw the movie Short Circuit, you may remember that upon becoming a citizen, the robot took the name Number Johnny 5. Obviously that won’t work for those of us who are non-robotic citizens).
- You cannot choose a name that is a racial slur, is threatening, or obscene or may incite violence.
- You cannot change your name to avoid legal debts and obligations.
To file a name change, you must:
- Pay a filing fee, as with most court actions. In cases of hardship, the fee might be waived.
- Live in the county or state where you file the petition. Some states specify the amount of time you must live in the state, such as six months or more, before you file. You must file in the proper court, generally within the county of your residence.
- Most states require that you publish a notice of the name change in a local paper. Others who would be affected by the change, such as your spouse must be given personal notice.
- A hearing will likely be required for the final determination. This is when interested parties can speak up. If the court finds no reasonable objections, it will enter a judgment allowing the change.
But wait… you’re not through yet. You need to contact many of the offices that have dealt with you under your old name, including:
- Social Security Administration
- Department of Motor Vehicles
- Passport Office
- Post Office
- IRS
- Voter Registration
- Banks and other financial institutions
- Credit Cards
- Doctors
- Insurance companies
- State Tax Authority
- Clubs
- Memberships
- Employer
- Retirement plans
If you have legal documents such as a will or trust or power of attorney contact your attorney for help in getting your new name on these documents.
How long will all this take? It depends on the state and the schedule of the courts, but in general, 30 to 90 days.
To find the forms necessary to begin the process, check with this provider:
To find an attorney to help with your name change, visit:
