2. GET A COURT ORDER

The three most common reasons for changing your name are: 1) a general "cuz I wanna" (a reason we call "desire"), 2) you're getting married, or 3) you're getting divorced. Changing your name in the events of marriage and divorce are incredibly easy; desire is much more complicated.

Desire

If you want to get your name changed for no other reason than because you want to, then getting a court order involves following these steps in detail:

  1. Figure out what your state requires for paperwork. This can be determined by contacting a local lawyer, calling the court, or looking up the state statutes in a law library. Which court oversees this process depends on the state; it could be civil, probate or superior court. Usually it is done at the local level. A good place to start is with your county court.

  2. Once you know where to go, ask about the necessary filing forms. They typically include:

    • A petition for change of name.

    • An order granting change of name.

    • A legal backer form.

    • A notice of petition to the public, meaning an advertisement in a local newspaper.

    • An affidavit of consent by a parent/wife/husband, if applicable.

    • An affidavit of service of notification to authorities, necessary if you are an alien, ex-convict or attorney.
    The petition makes sure you meet the requirements, and you'll hand over your address and a copy of your birth certificate. The remainder of the papers are similar, but ascertain that others are aware of your change. The order granting change of name, for example, specifies in which newspaper you must publish your intent to change your name.

  3. When filling out these forms, make sure your answers are legible and do not misspell anything, especially your new name.

  4. Some of the papers will need to be notarized, a process that is typically done for free by a public notary.

  5. File the papers by handing them into the clerk of court or whichever person is designated in the court system to process the papers.

  6. Double check your documents before you hand them in for mistakes and make a photocopy for your records.

  7. You usually have to pay a nominal filing fee and your papers will get a docket number.

  8. Once your case is reviewed by a judge, it either will be approved outright or a court hearing will be requested. A hearing may be typical for your state or could happen because you're suspect. When you start the legal proceeding ask whether a hearing is routine or not. During a hearing, the judge will ask you questions regarding the truth of your case and to determine whether you are changing your name for the right reasons.

  9. After your petition is signed, you'll have to return to the court to get it, unless you can persuade the clerk to mail you the documents.

  10. Then you have to take out an advertisement in the newspaper specified. And lawyers, ex-cons and aliens must notify the Immigration and Naturalization Services, the state bar or the Criminal Justice System, depending on which one applies.

  11. Once the newspaper has run the ad and the authorities have taken note of your new identity, they will send you an affidavit which you must return to the court clerk.

  12. Finally, the court will issue you an Order Granting Change of Name which is your new ID. Sometimes this comes with a nominal fee.

In general, the court proceedings for an adult are relatively simple because once the requirements are satisfied, the court is likely to approve the change. If you encounter resistance, it helps your case if you are changing your name to make it easier for others to use and understand, if you are escaping an abusive relationship and don't want to be found, or if you want to be known by your stage name.

For a minor's name change, there are a couple extra facts to take note of:

  • An adult will have to submit the petition with a reason for the change and typically a parent or a guardian will have to give his/her consent.

  • The reason for the change should be significant, such as adoption or bringing a stepchild into a family.

  • Both parents/guardians will be notified of the petition, which means an objecting parent has time to come forward.

  • As a result, there could be controversy over whether the child's name should be changed, and a hearing in front of a judge is more likely. Ultimately, the judge will decide what is in the best interest for the child.

  • Remember that changing a name is not the same as a legal adoption or the removal of parental responsibilities. If your son lives with your ex-wife and changes his last name to that of his step-father's, you are still required to pay child support.

If you are lucky enough (or unfortunate enough) to be getting married or divorced, you have at least one thing in your favor: name changes can be an automatic part of the process. You still have to change your passport, social security, and other documentation, but you don't have to deal with the legal proceedings described above.

Marriage

When a couple gets married, they also get a marriage license. On that marriage license is a line for your new name. Write it in, and you're done! And this goes for men too; some couples hyphenate their surnames together, in which case the man must be prepared to rearrange his records, too. On occasion, the couple chooses an entirely new last name to both of them. Sometimes, the man will take his beloved's surname. Most often, however, women take their husbands' surnames, so we'll work under that assumption.

Women should take precautions against losing their credit rating because of a new name. This can be done by notifying credit bureaus of the name change and requesting that credit built during years of being single is included under the new name.

Divorce

Returning to a maiden name (or any other name) is included in the divorce proceeding, if requested. However, it is not required that people change their names after divorce and a woman who changed her name for her husband's surname can continue to use it if she wants to.

Other

While much less frequent, there are other opportunities for an automatic name change, including becoming an American citizen and adoption.

  • Legal aliens can change their names in federal court when they become United States citizens. However, if you are an illegal resident, going to court to get your name changed could alert authorities to your trespassing status and ensure your ejection from the country.

  • Adoption proceedings also provide an opportunity to change a child's name and, in some cases, his/her original birth certificate.