How to Change your Name in USA
Sometimes an individual may want to change his/her name for several reasons. In case of women the most common would be a change in marital status; alternatively one may simply want to go for a change because he/she does not like the name they have been stuck with since birth. In the United States, because of the federal nature of the administration, rules governing legal change of names differ from one state to another; overall though the process is quite similar. Here are the main steps of legally changing your name in USA.
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Decide on a new name
As you have already decided to change your name, it is likely that you have already thought of a new one. Ensure that you have familiarized well with the new name that you are going to take on. Practice your new signature and have people close to you call by your new name several times. Since you will be doing a good deal of paperwork with your new name, it makes sense to get used to it well, especially writing it out.
Yet another point that you need to keep in mind while looking for a new name is that the change should not imply “fraudulent intent” on your part. You should be taking on a new name in order to be able to pretend someone else so as to escape bankruptcy; next your new name should not violate a trademark. Other than Roman numerals, you cannot use symbols and other numerals in your name and finally, it should not include obscene words or be opposed to common decency.
The process is much simpler if you are a woman and replacing your last name with your spouse’s last name or are adding your spouse’s last name so that your maiden last name is now your middle name. However if you are changing your first or middle name to anything other than your middle name, you will have to go through the entire legal process.
Look up the laws in your state
Once you have firmly decided on a new name, it is now time to let the ball rolling. Since name changes in the United States are governed by state laws, you need to first inquire about the relevant rules in your state. The best way to go about this would be to visit a county court and ask about the name changing process. Alternately you can also contact a local lawyer or look up the state statutes in a law library1. If you are a federal government employee and need to change your name, contact the OPM or the Office of Personnel Management.
Fill out forms
You can obtain the forms for name change from your local court, the appropriate government office or even download from relevant websites. The forms that you need to fill out are:
- Petition for change of name which is sometimes known as a 'deed poll’
- An order granting change of name
- A legal backer form
- A notice of petition to the public
- An affidavit of consent, if applicable
- An affidavit of service of notification to authorities, in case you are an immigrant, ex-convict or attorney.
Getting the documents notarized
Once you have properly filled out all the above forms, it is time to get the notarized or signed by a court clerk. Remember to make copies of all the notarized forms so that you are able to maintain your own record of all the processes that you are going through.
Submitting the documents for changing your name
The next step is to submit the original notarized forms to the appropriate government office and wait for approval. If your request for name change is not automatically approved, you may have to appear at your local or county court to defend your reasons for the proposed name change. Before you do so, ensure that you all the documents ready which will support your case for name change. For instance your marriage license or divorce order should the name change be motivated by change in marital status.
Public announcement of name change
A form or public announcement of your new name is required by law so that public is aware that you, so-and-so are changing your name to so-and-so. This gives people chance to object to the name change for instance if you owe money to creditors under your old name. In some states you can just post your name change in a public place which is usually a designated place in your local courthouse. It is mandatory for lawyers, ex-convicts and immigrants to notify the state bar, the Criminal Justice System and the Immigration and Naturalization Services, respectively, of the name change in addition to putting an ad in the paper.
Fill out affidavit
Once you have made a public announcement, the next step is to fill out the affidavit and submit to the court clerk.
Court order
If your entire paperwork has been foolproof, you will be now receiving the Court Order Granting Change of Name. You need to keep this very carefully since this is now your new ID and will be required for the change of name in various other official documents and records.
Contact other departments
Once you have received the Court Order Granting Change of Name, it is time to contact the Social Security Administration since you will now be getting a new social security card with your new name on it. Once that is done, your next stop will be the Department of Motor Vehicles for a new drivers’ license. Then you can contact the Bureau of Records or Vital Statistics in the state you were born so that you can get a new birth certificate. Make copies of your old ID and keep them with your records, just in case. In some states and departments like the Department for Motor Vehicles, you may be asked to hand over your previous ID in original. Later on notify credit card agencies, credit bureaus and the IRS so that there is no confusion in your identity. Generally, the Internal Revenue Service (IRS) updates their records ten days after the SSA records the name change.
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