You could be thinking of changing your name due to a marriage or divorce, a change in family circumstances, or because you don’t like your given name. Of course, you can tell friends and family to call you by a different name, but you still must use your legal name for official purposes. How do you go about changing it?
To change your name legally, you need to get a court-ordered name change. Most states require that you fill out papers, submit them to the court, and wait for approval. Courts will not notify other organizations of the name change, so you will be responsible for doing so.
Changing a name is a process, not a one-time event. We will help you understand the process so that you know what you are getting into. Let’s get started.
How to Change Your Name
The easiest way to change your name is to begin using a new name. The Supreme Court has ruled repeatedly that citizens have the right to change their names, as in Jech v. Burch, where it ruled that a state could not require parents to pick any surname they choose. Most states have similar rulings as California
that citizens have the right to change their name.
This type of change is known as a common law change. The Supreme Court did make an exception in United States v. McKay that changing a name to defraud someone or hide criminal behavior is not protected.
So it is legal to begin using a new name. However, there are many challenges to using a new name without having it “officially changed.” The biggest is difficulty in obtaining legal documents. The Social Security Administration will not issue you a new card unless you can demonstrate that your name change has been through a marriage, divorce, or other court-approved processes.
And if your common-law name doesn’t match the name on your license, you will face hurdles getting a new license, filling out income tax forms, and acquiring bank accounts. For that reason, most individuals go through the legal process of having their names changed.
How to Legally Change Your Name
Legally changing your name is called a court-ordered name change in most states. This is separate from a name change because of marriage or divorce, which you will learn about in the next section. Each state has its own laws, but most states have steps like these:
- Complete court papers. The format and information required to vary greatly. The Oregon form is a page and a half long and is simple to fill out. The New York form is three pages, has more stipulations, and must be notarized.
- Provide the signed papers to the court. In most states, you will be going to a county or district court where you live. States are beginning to allow people to file electronically. When you go to file, you will need to provide proof of your current name and where you live. A court clerk will review and then give it to a judge.
- Return to court if required. Unless a judge wishes to talk with you, courts will mail you a copy of the name change. Some states will mail a legal document, but in others, you will need to request one.
- Post a notice if required. Again, not all states require that you publish your name change. Oregon does not, while New York requires that you publish a notice within 60 days. You have an additional 30 days to file an Affidavit of Publication. Only then is the process complete.
- Change your name on official documents. The court will not notify another entity that you have a new name. You will have to apply for a new social security card, driver’s license, birth certificate, and other documents.
You are not required to use a lawyer when changing your name. However, the clerks of the court are not permitted to give legal advice. If you have concerns about legal concerns with name changes, consider talking to a lawyer.
A person seeking a name change due to sex changes should consult with a lawyer. Gender reassignment laws are in flux, including insurance laws. The Transgender Law Center has a state-by-state list of policies regarding gender changes.
The Reasons a Judge May Deny a Name Change
In most cases, the name change will be approved by the court. Occasionally a judge will deny the petition, usually for one of these reasons:
- You are changing your name for criminal purposes.
- The name change is an attempt to hide from the law.
- Attempts to avoid child support payments or debts will be refused.
- Offensive names or names advocating violence are not acceptable.
- You want to adopt the name of a famous person or company.
- Judges will also deny names with numbers or symbols.
The courts have shown more flexibility recently in what name changes will be allowed. Tyler Gold changed his name to Tyrannosaurus Rex, Sylvester Stallone’s daughter is Sage Moonblood, and Simon Smith is now Bacon Double Cheeseburger.
How to Legally Change Your Last Name
The easiest times to change your name are during marriage or divorce. Your last name will not change automatically. Instead, you need to start the process beginning with your marriage certificate. The process generally works like this:
When you fill out your marriage certificate, write in your last name. Check the spelling because social security, license or ID cards, and passports use that name to issue new identification.
- Complete the SS-5 form, and then take it, along with a certified copy of your marriage license and some form of ID.
- Visit your state’s DMV office. Some states will allow you to change your name with a marriage license, while others require a new Social Security card. Your state’s DMV site will have those requirements.
- Once you have a new Social Security card and ID or driver’s license, you can begin to change your name at your bank, the IRS, post office, voter registration, credit cards, and so on.
The last step can be a time-consuming process. Online services for name changes come in two forms. Kits provide the forms required by your state, while name change services have professionals who review the documents for accuracy before returning them to you.
Although many women still choose to take their husbands’ names, they are not required to do so legally. They may keep their maiden name, create a hyphenated version, or pick a new name. Men can even take their wife’s name, but they will have to go through the process of legally changing their name.
Changing Your Last Name After a Divorce
The legal process of changing your last name after a divorce is more straightforward. In most states, the decree is the legal document that shows you have changed your last name. Once you have that document, you will be able to change your name on other forms of identification.
In some states, the divorce decree does not let you change your name. In that case, you will have to petition the court for a name change.
Once the divorce is final, and you have a certified copy of the decree, you are ready to go through the process of updating the social security administration, getting a new driver’s license or ID card, and applying for a Visa.
Kits to help you through this process are also readily available online.
How Much Does It Cost to Legally Change Your Name?
The cost of changing your name legally depends on what your state requires and how much it charges for each document. Most states will have court filing fees. Other fees can include:
- Certified copy fees
- Court fees
- Cost of publishing the name change in a newspaper. Many states require this.
- Attorney fees if you choose to have an attorney assist you.
State fees vary greatly. For example, Oregon’s filing fee is $124, while New York’s is $210. Add to that the costs for a notary public and newspaper filing and New York’s fees are twice as much as Oregon’s.
Don’t forget the time and expense of getting a new license, applying for a passport, and other costs associated with changing your name.
Bottom Line
No one is stopping you from changing your name. However, to get a new social security number, a driver’s license, and get a passport, the name change needs to be done through legal channels, following your state’s policies. Getting your name changed legally seems like less work than what you will have to do afterward.
