A Step-by-step Guide to Legally Changing Your Name

The legal process of changing your name differs according to the laws of the state and the reason behind changing your name. 

It is good to know any restrictions the state imposes on the name change type you seek, retain evidence of your recent name, and ensure that all your records are correct after the change. 

Generally, the steps for name change usually vary with jurisdiction, but the steps in this guide are a good starting point. You need to make sure that you check with the local court to get the requirements of a name change in your locality. If you require help, an attorney can prepare a petition and help you with answering questions. 

Obtain and complete forms.

This might include the application, petition for a name change, and documents to request a change. The cost-to-change-your-name may be high because you must pay the filing fees. 

Undergo background checks

According to the state you live in and your reasons for changing your name, you must complete an FBI background check and take your fingerprints. These checks also require money. 

Publish a public notice if required.

You have to publish a public name change per your state’s requirements. It means posting the name change in a newspaper. This may be waived, but the decision is up to the court’s discretion. Publishing a name change notice will invite any objection, which must be submitted before the set deadline of the court. 

Attend a name change hearing.

After publishing your name change notice, you must attend a hearing with the judge. He will consider the petition and objections before presenting a ruling. If there is approval for the change, you will get a court order copy to start changing names on your official documents. 

Update your official documents.

After obtaining a court order for the name change, you must update crucial identification data, including state-issued identification and driver’s data, passport, social security card, and birth certificate. If you are married or divorced and changed your name, it is crucial to update the birth certificate. 

You can follow the steps below to update your birth certificate

• Get a copy of your name change from the curt

• Get a certified copy of your current birth certificate

• Gather supporting documents needed by the state Department of Vital or Health Records

• Complete application for revised birth certificate

After changing your name legally, consider changing it; -

• All personal records

• Magazine subscriptions

• Professional associations and licensing boards

• Attorney and doctor records

• State tax authority

• Voter registration

• Retirement and payroll plans

• Student loans

• Insurance policies

• Utility bills

• Credit cards

• Bank accounts

• Mortgages/deeds/leases

You may have to change anywhere that your old name appears. 

Retain proof of your old name.

It is good to retain the proof of the recent name to ensure that all financial and other records are correct. 

• How much does it cost to change a name?

Changing your name will cost several hundred dollars but varies according to your jurisdiction. You will pay legal fees if you employ a lawyer. You will have to account for other expenses relating to; 

• Miscellaneous court costs established by the county or state

• Publishing name change in the newspaper

• Background checks

• Fingerprint cards

• Certified copies of your court order

• Why do people change their names?

Divorce and marriage are the most typical reasons for people to change names, but they may change the names after changing their gender identity or when they want to change their child’s name. You may have to state your case in some instances. 

Changing a name after marriage

Even though no law requires you to change your name after marriage, the practice is common in some states, both for men and women. Men are taking their wives’ last names, and in cases of same-sex marriages, couples are deciding to have one family surname. 

If you get married and want to change your last name, filing a petition with the court is unnecessary. Rater, you must submit duly filled paperwork to the social security administration. The paperwork should include; -

• Form SS-5 from their website

• Certified copy of your marriage certificate

• Other proofs of citizenship and identity or lawful immigration status

Every jurisdiction has its procedure for changing names except when the woman takes the husband’s name after marriage. Procedurally, a formal petition will have to be filed with the court in the circumstances below; -

• Same-sex partner or a non-binary partner changing his last name

• Couple choosing a new last name

• Man taking wife’s last name

Speaking to an attorney about your state’s rules for name change will help you prepare for future contingencies. 

Changing a child's name

Some states allow you to change your child’s name on the birth certificate up to one year after birth. Adopted children can get new names during adoption without filing separate name change petitions. In some cases, changing a minor’s name requires filing a court petition. Regardless of the reason for changing the child's name, the court requires you to meet specific standards, and the name change should be in the child's best interest. 

Final Thoughts 

If you have reasons for changing your name other than those described in this write-up, you must petition the court. Chances are that you have never identified yourself with your recent name and want to start afresh, for instance. The court will give a decree with your preferred name if the petition is granted. 

However, you need to know that some restrictions apply on what you can change your name to, including the following; -

• Changing your name so that it includes racial slang or words that are inciting violence, threatening, or obscene as defined by the law. 

• Changing the name to a confusing one according to the law might include symbols, numbers, and characters. 

• Changing your name to commit fraud like avoiding arrest or creditors

• Changing your name to adopt a name of a famous individual to create confusion or mislead the public. 

If the name of choice falls outside the abovementioned categories, double-checking with the lawyer or attorney will help you ensure the name change is legally valid.