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How to change your name

Given to you at birth, your name identifies you as an individual person. But what if you don't like the name you were given? One might think that changing your name would be a dreadful and time consuming task; however it's actually fairly simple.

Federal law allows for changing one's name at will, and many states allow you to legally change your name by usage only. In usage only name changes, a court action is not necessary and the name change is accomplished by simply using the new name in all aspects of your business, personal and social life. Although most states do allow this process of changing one's name by usage, having a court ordered name change is advisable as many people and organizations are not aware that a usage name change is legal. Obtaining a formal order also ensures there is continuity of personal records in order to maintain one's identity, and certain types of identification changes (such as passports, birth certificate, and Social Security card) require a formal order signed by a judge.

Laws vary from state to state, be sure to check your state's regulations on legal name changes, what paperwork is required, and for any filing fees that may be required. You can obtain this information by contacting your county court, a local lawyer, or by looking up the state statutes at a law library or on-line. Typically, the forms required for filing include:
A petition for change of name
An order granting change of name
A legal backer form
A notice of petition to the public (i.e. an advertisement in a local newspaper)
An affidavit of consent by a parent/wife/husband (if applicable)
An affidavit of service of notification to authorities (required if you are an alien,
ex-convict, or attorney).

There are a few restrictions on choosing a new name. You can not choose a name with the intent to commit fraud, such as avoiding paying a debt, or getting away with a crime. You can not use a name that is trademarked or that of a famous person. Using numbers and symbols is not permitted as this may intentionally confuse others. However, the use of Roman numerals at the end of your name is acceptable. Racial slurs, threatening or obscene words are also restricted from use.

Once your name is changed, to complete the process you will need to notify the people and institutions you deal with on a regular basis. The Social Security Administration, Vital Records Office, and Department of Motor Vehicles are the best places to start. Once you have changed your name with them, changing your name on the rest of your records will be easy.

Learn more about this author, Brandi Carpo.
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