|
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
|