Legal Name Changes

Learn about Changing Your Name Legally!!

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A legal name change is merely the first step in the name-change process. One must officially register their new name with the appropriate authorities whether the change was made as a result of a court order, marriage, divorce, adoption, or any of the other methods described above. In addition to government agencies—such as, the social security office, Passport Office, Post Office, and one’s local department of motor vehicles - the new name must be registered with additional institutions, such as one’s employer, bank, doctor, and credit card companies.

Although state requirements differ, it is generally recommended to first register a new name with the social security office as some states’ motor-vehicle departments require an updated social security card to make the change - Arizona is one of these states.

Time can be of the essence. Most states require name changes to be registered with their department of motor vehicles within a certain time frame. For example, South Carolina, Washington, and Wyoming require a name change be registered with their office in a mere ten days.

In California the usage method (changing it at will under common law) is sufficient to change one's name. Although it is federal law to allow this, it is not followed in all states. Regulations vary from state to state, but typically in states which allow this method, any person or agency with whom one does business must be notified of the new name, and the new name must be used exclusively, by the person changing their name, once the name is changed. This type of name change is sometimes considered as an interim solution, prior to having the name 'ratified' by court proceedings. Any fraudulent usage or intent, such as changing one's name to the same name as another person's name, may invalidate this type of name change.

The federal courts have overwhelmingly ruled that changing one's name at will, by common law, is clearly one's constitutional right. Nonetheless, one may still choose to have a court issued name change.

Usually a person can adopt any name desired for any reason. Most states allow one to legally change their name by usage with no paperwork, but a court order may be required for many institutions (such as banks or government institutions) to officially accept the change. There are differences in specific requirements among U.S. states, and usually a court order is the most efficient way to change names (which would be applied for in a state court). It is necessary to plead that the name change is not for a fraudulent or other illegal purpose (such as evading a lien or debt, or for defaming someone).

The applicant may be required to give a somewhat reasonable explanation for wanting to change his/her name. A fee is generally payable, and the applicant may be required to post legal notices in newspapers to announce the name change. Generally the judge has judicial discretion to grant or deny a change of name, especially if the name change is for "frivolous" or "immoral" purposes, such as changing one's name to "God," "Superman," "Copyright," or "Delicious."