There are many reasons why someone might consider changing their name, including marriage, adoption or the desire to reflect a different gender identity.
“The most common situations that prompt people to want to change their names are marriage and divorce or related family situations, such as stepparent adoption,” says Elizabeth Katz, visiting professor at Harvard Law School. “In more recent years, there’s also been an increase in people wanting to change their first names to better fit their gender identity.”
Nonetheless, you do not need a formal reason to change your name. Disliking your name or preferring a nickname, for example, is enough to kickstart the name change process in a court of law.
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The Name-Change Process
Name change requests are generally processed in a state court where the requester lives. Each state will have a slightly different system depending on the situation and jurisdiction. Most states will offer a how-to guide on their unique process, which will provide a step-by-step list of tasks. This California guide is an example.
Generally, while you can request a name change for any reason, some types of name changes will be trickier than others. On one end of the spectrum, changing your name after marriage, divorce or adoption is a relatively simple process.
To change your surname after marriage, all that is required to is to show a marriage certificate to the Social Security Administration. This will allow you to obtain a new Social Security card that you can use to change your driver’s license, passport and tax returns, among other important documents.
Similarly, for divorce, a certificate of dissolution or a divorce judgment, depending on the state, may allow a requester to restore their premarital surname with the Social Security Administration.
Finally, for an adoption, a child’s name change is automatically completed as a product of the adoption process: Once a child is officially adopted, their new birth certificate will be issued with the adopter’s surname.
Handling More Complicated Name Changes
Changing your name for reasons other than marriage, divorce or adoption will typically involve a more complicated legal process.
“A common process is to file paperwork with a family court or probate court, including an explanation of the reason for the requested change,” Katz says. This generally requires filling out a name change form, filing the form with the court, paying a fee (usually less than $500) and providing associated documentation with the court.
In many states, people can fill out and file name change forms electronically through a state court website. Otherwise, you can typically take these forms to a family or probate court clerk, who can file the form and pay the associated fee in person.
Additionally, the state will need supporting documentation to confirm that a change is not occurring to commit identity theft or fraud. The type of documentation requested by the state court is dependent on the reason for requesting the name change — more straightforward reasons for name changes may require fewer forms of documentation — and the state protocol where the requester lives.
Commonly requested forms of documentation are proof of identification such as driver’s licenses or passports, proof of residency with a name and address such as a utility bill, or a birth certificate.
Some states might also require a few extra steps before approving a name change. The court may request additional information from a person on the reason why they wish to change their name. Depending on the state, a person requesting a name change might also be required to publish notice of the name change request in the local newspaper or appear in person for a brief hearing.
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Approval or Rejection of a Name Change
After all of these steps, a court clerk will decide whether they will grant or deny a legal name change. If the clerk decides to grant the legal name change, the clerk must issue a formal court order that will officially change the person’s name. This document will entitle the requestor to make that change on legal documents such as a passport or driver’s license.
If the clerk decides to deny the legal name change, they must issue a notice of denial explaining the reason for the decision as well as instructions for appeal. This decision could take anywhere from a few weeks to a few months, depending on the state, the complexity of the request or the current workload of the court.
“Courts may reject name change requests when it seems the person has a fraudulent or other wrongful purpose,” Katz says. For example, changing your name to impersonate someone, to conceal your identity to escape prosecution, or to assume a name that is derogatory or obscene — like a curse word — is not allowed. Additionally, a person’s request might be rejected if the name includes numbers or symbols.
After the Name Change Process Is Complete
Once a person receives a name change order from the court, they must notify relevant state and federal agencies about the name change. This includes the IRS, Department of Motor Vehicles and Social Security Administration.
A person’s name on important legal records — like wills, deeds and trusts — should also be changed. While heirs cannot lose their right to property because of confusion over an old name, keeping records updated will make the estate planning process easier in the future.
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How to Legally Change Your Name originally appeared on usnews.com
