People change their names for many reasons, good and bad. Often, people change their names in the course of marriage or divorce. Most women take their husband’s last name when they get married. When they get divorced, many change back to the last name they had before they got married, their “maiden name.”
A person can change their name for any reason whatsoever. They must only follow the legal procedure for this in the state in which they live. The procedure may be different in different states. If a person changes their name in the way that is legally prescribed in their state, it allows them officially to use a new name that is different from the name they were given at birth or the surname they adopted when they married.
Every U.S. citizen has a constitutional right under the Fourteenth Amendment to change their name through the legal process specified for that purpose in their state. Of course, a legal name change does not give a person a new identity. It only gives a person a new name. Their debts, other legal obligations, and criminal record remain the same and stay with the person even after they have changed their name.
How Do I Legally Change My Name After Getting Married?
A marriage license is a document that provides a couple with the authorization they need to get married legally. A marriage certificate is a document that certifies that a couple is legally married. It is the official proof of marriage. A couple can get one after the license has been filed with the local courthouse of the county in which the couple legally wed.
It is the responsibility of the couple that gets married to file for their marriage certificate or to have someone else request it. The number of days after the wedding that a couple has to seek the certificate varies from state to state. However, generally, it should be done as soon as possible after the marriage ceremony.
The only thing that a newlywed wanting to change their name must do is direct the person who prepares their marriage certificate to use the name they choose on it. The person can adopt the surname of the other spouse or a hyphenated version of their surname and their spouse’s surname, or some other name completely. All they have to do is direct the person who prepares the certificate to use the name they choose.
The person wants to get certified copies of their marriage certificate because it is proof of their marriage and their name change. Or it may serve as proof that the person did not change their name. Most every place a person goes to change their name, e.g., the Social Security Administration office, the bank, their employer, proof of the marriage, and a name change is required.
A person needs to make a list of all the places in which they want their name changed and proceed to do the necessary legwork. For starters, a person needs to think of such items as their Social Security card, driver’s license, insurance companies, automobile registration, and credit cards.
How Do I Change My Name Back to My Maiden Name?
If a person wants to change their name on the occasion of their divorce, perhaps back to their maiden name, they simply have to file a name change request with their divorce petition. They should then make sure that the final divorce decree includes their name change.
The person can then use the divorce decree or divorce certificate to change their name with government agencies and businesses, such as the following:
- The Social Security Administration;
- A person’s bank or other credit card issuers;
- The schools that their children attend;
- A person’s employer;
- The Department of Motor Vehicles (DMV), so the person can get a new driver’s license;
- Anywhere else that has a person’s name is on file, such as financial institutions in which a person has their retirement accounts. A person should not forget all the services and subscriptions that may automatically renew using a credit card on file.
If a person does not change their name as part of their divorce proceeding, they must return to court after their divorce is final. They can start a new court action by filling out a name change request form on their state’s court website and filing it with the required filing fee. The person has to present photo identification and their Social Security Number (SSN).
If a divorce decree does not include a court order to change a person’s name, a person also has a couple of other options. Some courts allow a person to ask for a change to the divorce decree to include the name change.
In California, a person can file an ex parte application for restoration of their former name after entry of judgment. This is a form application for a name change in connection with a divorce. A person should receive an order approving the request and can use a certified copy of this order to notify agencies and others of their new name.
What if I Just Want to Change My Name Legally?
Typically, a state’s name change procedure is quite simple. It usually involves a few steps as follows:
- A person must be at least 18 years old to request a name change for themselves;
- In some cases, a court may approve a name change for a child requested by their guardian or custodial parent if there is a good reason for it;
- A person must meet the residency requirement in their state;
- A person should choose an appropriate name with the limitations noted below;
- A person should fill out a petition to legally change their name and file it with the required filing fee with the local civil court in the county in which the person lives;
- Attend their court hearing to learn if their petition has been approved by the judge;
- If it has, the person can use the court order to notify government agencies and others of their new legal name.
A person who wants to change their name should give the court a solid explanation for wanting to change their name. The court may reject a name change petition if it finds that an applicant’s reason for changing their name is not valid or if the name they want is unacceptable, as noted below.
Of course, if a person’s explanation reveals that they want to change their name in order to commit fraud or harm by concealing their true identity or have chosen an inappropriate name, the court may deny their request.
There are limitations on the name that a person can choose for themselves as follows:
- Rude Names Are Not Allowed: A person cannot change their name to one that is obscene, racist, or otherwise offensive to others;
- Confusing Names Are Not Allowed: A person cannot change their name to a name that would cause confusion, such as a numeral, a punctuation mark, or a graphic symbol;
- Celebrity Names Are Not Allowed: A person cannot change their name to a name that would mislead others or infringe on another person’s intellectual property rights by, for example, trying to adopt the trademarked name of a well-known celebrity.
Again, as noted above, a person should not change their name in order to avoid a debt or a criminal record. It does not work. Likewise, a person cannot change their name to commit a crime.
Should I Contact a Lawyer About a Legal Name Change?
If you want to change your name, you want to consult a family law attorney. Your attorney can explain the various options and help you find the one that best fits your circumstances.
They can also help you to inform all of the agencies and businesses that need to know about your new name.
