The
process for changing your name is a lot different than changing out your last
name when you get married. Regardless of your reasons, you must fill out the
right paperwork, obtain new legal documents (including your Social Security
card), and go through the process of changing your name on all of your
financial and personal accounts.
Selecting Your Name
Picking
a name is a lot more difficult than you might think. Your old name won’t be
around and you will have to get used to using your new name while signing
documents, addressing people, etc. Try signing the name of your choice a few
times first. Ask friends or family members to call you by the new name and see
whether or not you like it. You’re allowed to change your first, middle or last
name -- or all if you would like. The state, however, does not allow you to
change your name for fraudulent intent. Therefore, if you have a lot of debts,
you might want to prove you’ll be paying for those under the new name first.
In
some cases the courts can deny a name change request. Some reasons the courts
can deny your request include:
·
If
you’re changing your name to pretend to be someone else or to avoid bankruptcy.
·
If
your new name violates someone’s registered trademark.
·
If
your new name contains symbols or numbers.
·
If
your new name can be considered obscene.
File Your Petition
To
change your name you must first file a petition with your state’s court. This
petition lists your reasons for why you want to change your name. These forms
are available online through legal sites like LegalZoom or on your state’s
local court website. Once submitted, a judge will review your petition.
Therefore, you must clearly explain why it is you want to change your name.
You
cannot submit your petition online unless you’ve hired an online service to
handle the documents for you. Instead you will need to print out the document
and take it to the court to have it signed by a clerk. You can also have the
document notarized if a court clerk signing isn’t an option. Make copies of your
signed, completed petition for your records.
The
petition is filed with your local civil court in person. You may have to pay a
filing fee during this time. The clerk will then give you a court date in which
you’ll attend a civil hearing.
The Hearing
Your
hearing is in front of a judge in civil court. The proceeding is quick and
relatively easy. The judge is likely to ask you a few questions regarding what
you’ve stated on your petition. He or she may ask for clarification or further
documentation to approve your name change request. Answer every question
clearly and honestly.
Once
your request is approved the judge will grant a name change order, which is
given to you by the clerk. You’ll need to make copies of this document --
keeping one for yourself.
Posting Your Advertisement
There
are a few states that require you to post an advertisement regarding your new
name change. The duration can be a few days or weeks. The theory behind this
practice is that it gives the public time to see the name change and object to
it if they have a claim. For example, if you owe debts under the first name, a
party can petition your name change in court once they’ve seen the
advertisement.
Where
you have to post the advertisement varies. Some states only require a post made
on the courthouse bulletin board, while others require newspaper ads. Find out
the duration in which you must post your advertisement and have receipts and
documents to prove you’ve posted it for the required length of time.
Using Online versus In-Person Services
When
you change your name, you have a few options for how you’ll go through the
process. You can either file the documents yourself in-person by visiting the
courthouse, obtaining the documents and filing them or you can use an online service.
These online services, like Nolo and LegalZoom, give you access to the
state-specific forms you need and may give you the option to pay for a
professional legal review. You won’t have access immediately to your documents,
however, and often they must first be notarized and shipped to you before you
can deliver them to the courthouse.
If
you’re unfamiliar with your state’s laws regarding name changes, it might be in
your best interest to use a service rather than doing it yourself. If, however,
you have the time and are able to research, you can then have a professional
review your documents for accuracy.
