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What do these situations have in common? Marriage, divorce and entering the witness protection program. Give up? These are all circumstances under which one might legally change his or her name. There doesn¡¯t even need to be a good reason, however. Unless you¡¯re using a name change to commit a fraudulent act, you have a right to do so, even if you choose something corny or outlandish. You can¡¯t just decide to change your name and that¡¯s the end of it, however. There are certain steps to be taken before the name change can take place.
Before we discuss how to change your name, we have to discuss names you can¡¯t use. For instance, you can¡¯t change your name to that of a famous person with the intent of profiting from said name. You also can¡¯t change your name to something that has been trademarked. If you¡¯re changing your name to avoid paying the bills, this, too, is illegal. Vulgar or pornographic names are also not allowed. Finally, you can¡¯t legally change your name to a number or symbol, even if you¡¯re a famous musician. Other than that, if you¡¯re above the age of 18, you can do whatever you want with your name. (If you¡¯re a minor, however, you¡¯ll need to stand before a judge for approval.)
There are two types of name change. The first is called ¡°Common Usage.¡± This means you decided to go by a different name one day and asked those around you to comply. The problem here is that, while you may have decided you don¡¯t want to be called Victor Frankenstein anymore, your credit card company, utility companies, banks, and other businesses you encounter on a frequent basis, may not recognize you as Joe Handsome and will want to continue to do business with Hubert Finklestein until you get a court order offering proof of the change.
The easiest way to change your name is to get married. That¡¯s because you don¡¯t have to go through the courts, you only have to sign the marriage certificate. If you¡¯ll be getting a divorce and would like to revert back to your maiden name, this should be handled in the divorce proceedings. For all other name changes, however, there¡¯s more involved.
This brings us to the next type of name change, the court decree. As its name indicates, this involves going through the courts. The court decree is probably the best idea because you¡¯ll have paperwork and records to back you up. You¡¯ll have to research the laws in your state to find out the legalities in your area, but in most cases, you have to fill out several forms, including a petition for the name change, and get them notarized. You may even have to take out a notice in the newspaper informing the public of your name change. Once all the paperwork is filled out and you¡¯ve alerted the public, you¡¯ll have to have court approval, which shouldn¡¯t be a problem.
Keep in mind that, depending on the laws of your state, you may need to disclose a lot of personal information such as whether or not you¡¯ve ever filed for bankruptcy, been convicted of a crime, or ever filed a lawsuit under your previous name.
Once your name is legally changed, you¡¯ll have to alert others such as Social Security, your passport office, the Department of Motor Vehicles, credit card and utility companies, your place of employment, the post office and other people and organizations you deal with on a regular basis. You¡¯ll probably have to present proof to places such as the DMV and Social Security to make sure fraud isn¡¯t an issue. You will also need to amend your birth certificate.
If this sounds overwhelming or confusing, there are people who can help. For instance, an attorney, paralegal or legal secretary can assist you and provide all the necessary paperwork. Of course, this method is more expensive as you¡¯ll have to pay attorney and filing fees, but if the convenience is worth the expense, you may want to go this route. You can also download forms from the Internet which will, at the very least, enable you to avoid time consuming trips to the courthouse to pick up the paperwork.
Changing your name isn¡¯t difficult. As long as you¡¯re honest about your intentions and fill out the paperwork correctly, there¡¯s no reason you shouldn¡¯t be granted a name change. Especially if your name is Victor Frankenstein. |
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