Changing your name legally is the same whether you wish to alter your first or last name. Although the procedures differ from state to state, practically every state needs you to file a petition with the county court where you live, requesting authorization for your intended change. The court will usually grant this request unless it finds that allowing it would be detrimental to someone's legal rights.
The reason for this requirement is twofold: first, to make sure that there are no errors in the procedure; second, to ensure that the new name is not already being used by someone else. If another person has already been using the new name, they would have a right to object to your request, and without evidence of fraud or deceit, the court cannot authorize the change without their consent. If this were to happen, you would need to return to the original name.
Your new name becomes effective on the date that the court enters an order authorizing the change or some later date set by the court. Either you or your spouse must appear in court for this order to become official. If you are under 18, your parent or guardian can appear on your behalf.
Your name change can also be done through civil proceedings such as filing for divorce, obtaining a new birth certificate, having a new passport issued, or applying for naturalization papers. In most cases, only your given name will be changed through these processes.
To change your name officially, you must submit a Petition for Change of Name in the Circuit Court of the county in which you live. Unless the court allows a waiver of publication, a notice of the request must be published in a newspaper of broad circulation in that county. The petition must include your reasons for requesting the change.
A person who uses another's name without authority is not entitled to any legal rights based on that use. For example, if I borrow your name and use it without authorization to get a job, I would not be able to hold this job against you. If I publish a book under the name "Charles Manson", I could not stop people from calling him bad names or saying he was responsible for some terrible thing he had nothing to do with. But beyond this, he wouldn't have any right to complain if someone stole his reputation by saying things about him that weren't true.
Since a name is a means of identification, there are cases where someone else has rights to the identity you call yourself. For example, if you own the trademark on a product, you can prevent others from selling products under the name "Converse" because this sales would be considered trademark infringement. Also, if you publish an article under a certain name and later claim ownership over this name, they might not be able to use it again unless you give your permission.
Finally, a name can have cultural significance.
If you wish to change your name for reasons other than marriage or divorce, the legal name change process often begins with the filing of a petition with the court. You may also be required to attend a hearing and demonstrate cause for your name change request. Cause could include but is not limited to confusion over names, missing classifications, etc.
The court will then issue an order changing your name on all official documents including driver's licenses and vehicle registrations. The new name must be valid under state law in both name recognition and origin requirements. If your former husband or wife was married before entering into a divorce agreement, they may retain their former surname upon remarriage unless it violates public policy for reasons such as out-of-state marriages or domestic partnerships.
A divorced person can choose to keep his or her former name if doing so would not adversely affect any subsequent marital relationships. For example, if a woman has three children by three different men and gets divorced from all three husbands, she would be able to choose which name she wants to use when applying for new jobs or renting apartments. She cannot, however, use two different names simultaneously.
It is important to consider how your new name might affect future spouse ownership rights should you marry again. If your current name isn't available or doesn't fit anymore, it's best to find another one that does.
Copyright © 2020 - 2023 Anything For Family Inc.
