You can change your name by following your state’s name change guidelines. While each state’s policy varies, the first step is to file a formal petition for a name change with your local court. You can ask the court if it supplies the forms. Otherwise, you may need to check online or consult with an attorney. Complete the forms and hand them to the court clerk.
Next, the court may require you to obtain official fingerprints and a background check through local law enforcement or the Federal Bureau of Investigation (FBI). Once you’ve completed your fingerprinting and background check, some states require you to set up and pay for a formal advertisement in the local newspaper or other publication. The purpose of advertising your name change is to inform your creditors and any other interested party of your intent to change your name. In most cases, the publication is a formality that doesn’t interfere with the name change process.
Lastly, you’ll need to attend a formal hearing in front of a judge or magistrate. During the hearing, the judge will ask you your reasons for changing your name and will ask you, under oath, to verify that you’re not seeking a name change to commit fraud or for any other unlawful reason. If the judge is satisfied with your testimony, the court will issue the name change.
Whether you've changed your name on your own, by marriage, or with a court order, the most critical part of accomplishing a name change is letting others know. If you start a new job, apply for a new credit card, or begin school, use only your new name. Introduce yourself to new friends and acquaintances with your new name.
You'll also need to contact individuals and companies that have your previous name and contact information, including the following:
State and Federal Government Agencies. One of the first steps for any name change is for you to visit your state and other government agencies to have your name changed on their records. You may need to provide proof of your court order, marriage certificate, or judgment of divorce. In most cases, the best first steps you can take are to obtain a new driver’s license from the Department of Motor Vehicles and a Social Security card. Once you have a photo I.D. and a Social Security card, it’s usually easier to change your name with other institutions.
Your Family and Friends. We all know that family gossip travels fast, so one of the best ways to implement your name change is to tell your family and friends. Once your closest friends and family accept your new name, everyone else will usually follow suit.
Your Employer. You may want to change your email address and your business cards, and other identifying information at work. If so, be sure to inform your supervisor or boss and your employer's human resources and payroll departments.
Some of the important people or institutions you should notify may include the following:
Whether you've changed your name on your own, by marriage, or with a court order, the most critical part of accomplishing a name change is letting others know.
If you’ve created an estate plan (a will or trust) with an attorney, be sure to contact the office to inform the attorney of your new name. It’s best to replace your existing documents with new ones that reflect your name change, so there is no confusion later. You should also heed this advice for any other necessary legal documents, like legal contracts, powers of attorney, or living wills.
Common law marriage is a concept that only a handful of states still recognize. There's no formal ceremony in this type of relationship, so it’s common for couples to look at other ways to legitimize the relationship. One of the easiest ways to feel more like a married couple is for the spouses to use the same last name. Unlike a legal marriage, where couples can change last names with ease, the process is a bit more challenging for common law spouses.
Although anyone can request a name change, you must follow your state's rules if you’d like state or government agencies to recognize it. For example, you can modify your last name on social media without a court order, but if you want your driver’s license or Social Security card to reflect your new name, you will likely need to file a motion (request) with the court and demonstrate that you’ve taken the necessary steps to meet the legal requirements.
Changing your legal name isn’t a complicated process, but it can be costly depending on where you live. Check with an experienced attorney for more information on your state’s requirements.
If your judgment of divorce or marriage certificate changes your name, you won’t need to take any additional steps. You will need to provide proof of the name change, but in most cases, if you can show a copy of your marriage certificate or judgment of divorce, that will be enough.
However, if both spouses wish to change their name to a hyphen or a combination of both spouses' last names, your state may require you to go through the formal name change process.
If your divorce judgment doesn’t contain a provision that changes your name back to your maiden name or another name, you may need to go back to court and ask the judge to modify the court order. If you aren’t successful, you may need to go through your state’s legal name change process before your name change occurs.
Start by providing proof of your name change. If you obtain a Social Security card first, most agencies won’t question the update. If the company or person still doesn't update your file, you can provide proof of your marriage certificate or judgment of divorce.
You have the legal right to change your name, so if you continue having trouble getting the agency to cooperate, ask to speak with a supervisor or call the central office.
As a last resort, you can obtain a court order that establishes your new name. Although it’s not ideal and may cost you some money, it would be well worth it. No organization can compete with a current court order.
You can generally change your name to anything you want, but you must also follow your state’s guidelines and restrictions. For example, you may not do any of the following:
You need to be sure to follow your state’s rules on legally changing your name. Every state differs in its requirements, so if you’re not sure what steps to take first, you may want to contact an experienced attorney in your area before you proceed.
]]>A paternity test has shown that the person named on my child’s birth certificate isn’t actually her father. Can I legally remove the man’s name from my child’s birth certificate and change her last name to mine? What should I do?
A child’s birth certificate is one of the most important documents you can provide. Not only does it provide your child with a name and birthdate, but it also identifies citizenship and birth parents. It’s important for the document to be accurate, especially since your daughter will use it to apply for a passport and driver’s license.
Each state has its own, unique process for removing a non-biological father’s name from the birth certificate. Your first step is to contact your state’s Vital Records department to ask about the requirements. If you’re unsure, you should consider hiring an attorney.
In some states, like Michigan, you can complete an application to remove or replace a father on the birth record. To remove a name, you’ll need to fill out the form and provide a copy of a court order (like your judgment of divorce), or a court determination of non-paternity.
Other states require you to file a legal request through the court before you can modify the birth certificate. For example, California has a two-step process: First, you’ll need to file a motion with the court and obtain a court order that allows you to remove the father’s name. Within this first step, you’ll need to prove paternity (or non-paternity.) Once you obtain a court order, you can submit the appropriate fee, the application to change the birth certificate (called the affidavit to amend a record), the court order, and a photocopy of the current birth certificate.
If your state requires proof of paternity, you’ll need to utilize the court system to help you. You mentioned that you have results from a paternity test to prove that the man listed on the certificate isn’t your child’s father, but you didn’t say what type of analysis you used.
At-home paternity or DNA tests will not qualify as court-ordered paternity tests, so even though it may help you decide if you should pursue the matter, it’s not enough proof for the judge. If you need a court order for non-paternity, you’ll need to file a motion (request) with the court to request an official paternity test. Once the court receives the results, the judge will issue a judgment to you that you can submit to your Department of Vital Records.
It’s important to understand that even if you have evidence of non-paternity, sometimes the court won’t allow you to remove the father’s name from the birth certificate, mainly if the “parent” has supported the child. The judge’s primary concern is whether removing the father’s name is in the child’s best interest.
It’s critical for you to act quickly if you believe you listed the wrong father, and, if you’re the person listed on the birth certificate, but you have doubts about the accuracy, act quickly, or you risk the court ordering you to care for a child that isn’t yours.
Depending on your child’s age, changing her name may not be too complicated. Most states allow parents to modify the birth certificate and change a child’s name within one year of birth, but with limitations. For example, if your child’s name is misspelled, you can request a correction without any additional steps. However, every state varies in its rules, so if you aren’t sure what your state requires, you may want to contact a family law attorney.
If the court hasn’t determined paternity for your child, and the person listed on the birth certificate isn’t the biological parent, you should be able to change your daughter’s name on her birth certificate without much trouble. But, you should contact your Department of Vital Records to inquire what steps you need to take.
Remember, if the court identifies your child’s biological parent, you may need to use the formal name change process and notify the other parent before the court will consider a change. Start by contacting your local court to determine which court handles name changes. In many states, the probate court will deal with your request.
Next, file a petition for name change, which may be as simple as filling out a form and paying a filing fee. You’ll need to explain to the court why you want the name change, declare that you aren’t doing it for fraudulent purposes and that it’s in your child’s best interest. You’ll need to attend a court hearing where the judge may ask you some questions. Make sure you bring copies of your court paternity test, and any other documents you believe will be helpful. Once the court issues a final judgment, you can submit a request for a new birth certificate.
If you’re dealing with paternity or birth certificate issues and you aren’t sure how to proceed, you can use Nolo’s lawyer directory to find a qualified attorney near you.
]]>My husband changed his name right after we got married three years ago. Our marriage certificate has his old name. Now we are expecting our first child and I want to hyphenate my name with his. It seems no one will let me take his name without legally changing it in court -- a process that will cost about $300. I have changed my business cards at work to reflect the new name, but without a Social Security card, I can't get a new license or anything else. What can I do?
Because you didn't change your name when you first married, you'll probably have to use a court process to change your name -- especially because of the difference between your husband's current legal name and the name that's on the marriage certificate. The "usage" method isn't any longer an effective way to change your name and have it recognized by government agencies and other institutions. So you're going to need to bite the bullet and file the court papers to change your name.