How To Legally Change Your Name
Whether it’s a divorce or a midlife crisis, people are changing their names in record numbers for various reasons. Some change their name to have a greater say in their own identity. More commonly, however, most name changes occur following a divorce in which the spouse wants to change their last name back to its maiden form.
Common Law Name Change No Longer Followed
Under common law, changing your name only required that you stop using your last name and openly and continuously use your new name in all your present and future personal, business, and professional dealings.
As you can imagine, this informal method of name change “by use” was hard to track and fraught with potential problems. This is why the states eventually crafted their own rules requiring court involvement in the name change process.
Name Change Through Divorce Proceedings
Generally, if you want to change your name during a divorce, you may change your name within the four corners of the divorce decree. In most jurisdictions, you may request the same judge presiding over your divorce case to include a particular order restoring your maiden name in the divorce decree upon completing the divorce proceedings.
Make Sure To Obtain Certified Copies Of The Order
Once you receive your judicial order granting the name change, you will want to obtain certified copies of the court’s order for your records and safekeeping.
You should also keep one of the certified copies with your lawyer or trusted friend.
You will need a certified copy of the judicial order granting the name change when you apply for a new driver’s license, passport, credit card, bank account, and virtually anything you will be doing legally – including purchasing a home.
Even if your divorce decree doesn’t contain an order restoring your former name, you may be able to have the divorce decree amended later to reflect your requested name.
Name Change Through General Court Petition
Another method to change your name is filing a petition with the court. This will require an affidavit or certification by you, usually including how long you have used your current name, why you want to change it, and what specific name you would like to have in its place. It would help if you were prepared to clearly state why you want to change your name legally.
If the court grants your petition for the name change, the court’s clerk will prepare a written order stating this fact and bearing your new legal name. Again, be sure to obtain at least three certified copies of the order for your records.
You will be required to present copies of the certified order to state and federal authorities. Finally, be prepared to surrender your old identification when you receive your new one.
What Law Firms Charge For Name Charge
Most small law firms will charge anywhere from $1,000 to $2,500 for the complete process, including going to court and handling all the necessary paperwork.
However, you will still need to personally apply to your local Department of Motor Vehicles to obtain the name change to your driver’s license and other important legal documents.
Name Change Without Using a Lawyer
Most lawyers will charge you either by the hour or by the matter, in this case, for a name change. A name change by petition typically requires a separate court appearance and completing and filing all the legally necessary forms to change your name.
Name Change Online – Inexpensive
For substantially less money, various online legal document preparation services will handle a name change for you. All you will need to do is answer a few questions and fill out a few online check-the-box forms, and your name change documents will be prepared for you to file and present to the court.
Using a discount legal document service can save you up to 60% or more in fees compared with the assistance of a lawyer. However, you need to know that these services can neither provide legal advice nor represent you in court.
Name Change Court Hearing
Most name change services will provide you with an easy-to-understand instruction booklet on what to say and do at your name change court hearing to ease the burden and anxiety of going to court.
Cannot Change Name for Dishonest Purposes
One of the reasons why courts require a separate hearing on name changes is to make sure that the person changing their name is not doing so for fraudulent, dishonest, or illegal reasons, such as escaping a bankruptcy order or avoiding having to make child support payments, or to commit a crime such as identity theft.
Finally, if you want to change your name, you are always free to use that new name in all your personal and business affairs. However, to avoid complications down the road, it is best to obtain a court-ordered name change.
Contact A Divorce Lawyer
If you have specific questions or require additional information about the legalities of a name change, consult with a verified Divorce Lawyer to discuss your options.
