Common-Law Name Change

Changing Your Name Without Going To Court

Can I change my name without going to court?

Technically, yes as the federal courts have ruled again and again that changing your name at will or, by "common law" is every citizen's right under the U.S. Constituion. 

Using this logic, one need only begin using the chosen name to assume it and can do so legally. That being said, there are some benefits to having your name changed "officially" through the courts.

The first of these benefits would be the ability to change various identifying documents to match your new name. For example, the Social Security Administration is not likely to change the name on your social security card without some legal proof such as a marriage certificate, divorce decree or court-approved name change request, regardless of what the federal courts say.

This makes it difficult to function in today's information-rich society where names must match on everything from your tax return to your driver's license and bank account checks.

Additionally, while the states don't specifically disallow common-law name changes, many do regulate them in a way that makes them all but obsolete. Arizona, for example, requires an updated social security card in order to change your name on your driver's license. Other states require you to register your new name as an "assumed name".

So, while you are technically free to assume almost any name you choose, you will face some obstacles when attempting to obtain legal identifying documents that reflect your new name.

The solution? Get the court order.