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Overview
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Overview of Name Change Law

Your name is the designation by which you are known in the community in which you  live and work. Legally, it is the designation by which you bind yourself to contracts and other legal documents.

A married woman normally retains the right to use her maiden name and she is not required to adopt the name of her husband. A married woman may adopt her husband's surname as a matter of custom rather than as a matter of law. If you have adopted your husband's surname, and you secure a divorce, you can request that your name automatically revert back to your maiden name. If you fail to make this request at the time you secure your divorce, in almost all states you will have to follow the name change procedure determined by statute in your state. This will cost you additional fees, so if you want to use your maiden name after your are divorced, make sure that you request that your name revert at the time you secure your divorce decree.

Originally, you could change your name by merely signing a new name. However, most states today have enacted statutes which provide procedures for officially changing your name. 

The procedure for changing your name will vary from state to state, but in general the procedure requires that you file a petition in the county where you reside. Often there is a publication requirement, which means that you have to publish a notice in the local newspaper of record which states your existing name and that you have applied to change your existing name to a new name. 

The petition will require that you provide information abut yourself as well as listing all names you may have used during the past ten years, any pending legal actions and outstanding judgment, and criminal convictions. You can change your name for any lawful purpose, such as you simply that you like the way a new name sounds, but you cannot change your name to avoid civil judgments or collection actions by creditors.

Changing the Name of a Minor Child

You can change the name of a minor child, but if both parents are living, both must sign the petition or provide consent. Some states will allow a single parent to petition for a name change of a minor child.

State-by-State Procedures

Changing one's name is a routine procedure and in almost all instances you will not need to assistance of an attorney.

For detailed information on name change procedures on  a state-by-state basis. see our affiliated web site,  The Name Change Law Center. We also have available for sale at our Law Store either: (a) legal form kits with step-by-step instructions to change your name for many states; and (b) many of these legal form kits have been converted to Rapidocs™ format, which makes them even easier to complete.

Resources

Tips for Changing Your Name if Your are Getting Married

Name Change Checklist for Those Who Are Getting Married

   

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