ALL THE INFO YOU NEED FOR NAME CHANGE

New brides or even grooms read below what you need to know when changing your name.

OPTIONS WHEN CHANGING YOUR NAME:
I am most often asked by newly married or soon to be married couples as to what their options are when changing a name. It is traditional for the wife to take the husband's last name. Increasingly, women are keeping their birth names or using both names with a hyphen between them. Some men are taking the woman's last name. There are even couples who make up an entirely new last name. With some limitations you can do whatever you want.

WHAT YOU CAN'T DO WHEN CHANGING YOUR NAME:
You can't have fraudulent intent. You can't change your name to do something illegal like avoid paying debts.
You can't intend to cause confusion. '7' would generally not be allowed but 'Seven' would be fine.
You can't interfere with other people's rights. Usually this occurs when people try to use the names of famous people for their own personal gain.
Obscene, threatening, and other words the courts refer to as 'fighting words' would be a difficult choice to use.
If there are children involved, changing the name of a minor must be considered in the best interest of the child and requires the approval of a judge based on several factors.
The law changes and also varies from state to state. If you are doing something really wild with your name it is best to double check with local legal counsel and your local laws.
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HOW DO I CHANGE MY NAME?
Marriage. Actually a license granted by the state that through tradition allows you to document a name change. A copy of this record serves as documentation of the legal name change.

LEGALLY CHANGING YOUR NAME IS NOT ENOUGH
There is a difference between legally changing your name and having your records changed. Most people get confused and think that, for example, changing your name with Social Security or on your Passport, is legally changing your name. That is not true. Changing your name with Social Security is not legally changing your name. That is just a change of record so you will be sure to get the proper Social Security benefits later on.

WHAT'S NEXT?
You still have to change your identification and records. Different government agencies and private institutions have different requirements for changing your record with them. For some it can be as simple as a phone call. Others just need a written letter and a photocopy of some documentation. And there are those that require a special form be filled-out, signed and a certified copy of a government or court order be submitted.

I have found changing records can be the most difficult part of the process. The different requirements from organization to organization can be confusing enough on its own. Unfortunately the people you speak with at those organizations may themselves not know the proper method for changing your name on their records for their organization. They may be misinformed, untrained, unwilling to admit they don't know, or the requirements may have changed and they haven't heard yet. Whatever the reason a lot of misinformation is given out which only confuses and prolongs the process.
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A TIP FOR THE NAME-CHANGING PROCESS:
When changing your name, start with your driver's license and then your Social Security card. Many companies and organizations will have difficulty working with a marriage certificate. They are just not used to it. But they will not question a license or Social Security card. It will be easier to change your record with many places if you have a license or Social Security card with your new name on it first.


NOTIFYING THE RIGHT ORGANIZATIONS: Do not forget to notify everyone you need to. Here is a list of just some of the organizations you will need to consider notifying:

• Social Security
• Drivers License
• Passport
• Post Office
• IRS
• Voter Registration
• Banks
• Credit Cards
• Doctors
• Insurance Companies
• State Tax Board
• Clubs
• Memberships
• Employer
• Retirement plans
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Also, do not forget to change your legal documents:

• Will
• Health Care Proxy
• Living Will
• Trust
• Power of Attorney
• Contracts

DEALING WITH OTHER PEOPLE'S REACTIONS TO YOUR NEW NAME:
Many people and organizations will have difficulty with the idea of you changing your name. Remember that you have the legal right to change your name. Try to:
Show documentation of your new name
Discuss the state laws that supports your name change in a non confrontational manner
Speak with a supervisor or main office
If all else fails a local official or state representative can be a successful last resort.
If you are encountering more resistance and trouble than you are prepared to deal with, consider seeking a signed court order from a judge.
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SOME PERSONAL EXPERIENCE:
From personal experience I can say it is more than just changing some words on a record in an office. People can act very strangely to hearing that you have changed your name. As a child my mother remarried and my step-father adopted me. Changing my name on record was very simple. I had a court order. My birth certificate was also legally changed. Despite this it was still a painful process in unexpected ways. In many instances people that knew me were confused or had a hard time with the idea. In one instance a school teacher sent me to the principle's office to have me 'straitened out' as to what my name really was. Of course my new name was on record. Strangely, before I had my name legally changed people questioned why my last name was different than the person my mother was married to. Sometimes you can't win either way. Life is speckled with some unpleasantness and I knowingly changed my name for my own reasons and not because of other people. Do not be discouraged.
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Douglas N. Smith
Attorney at Law

Re: ALL THE INFO YOU NEED FOR NAME CHANGE

Thank you this is really helpful!

Re: ALL THE INFO YOU NEED FOR NAME CHANGE

Thanks! I'm going through this process now!