Changing Your Name Without Going to Court
[Not to be confused with Changing Your Name in a Common-Law Marriage, this article covers the idea that one could change his or her name simply by using that name regularly]
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. Constitution. Using this “common law rule,” you can change your name without even going to court. Technically, you only need to begin using your chosen name to assume it – and can do so legally. However, 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, if you attempt a common-law name change these days, you will face some obstacles when attempting to obtain legal identifying documents that reflect your new name.
The solution is to get a court order granting your name change to satisfy any requirements by companies insisting that you use your “legal” name. This is a relatively easy process and doesn’t require any counseling, home studies or documented proof for approval. There are, in fact kits available online which can simplify the name change process.
Name Change Kits and Services
We have reviewed many of the name change kits and services available online. The ones that consistently receive the best reviews from our editors and our website visitors are from US Legal Forms.
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Do-It-Yourself Name Change Kit – $27.95 – $32.95 (buy)
Maybe the easiest way to make sure that your name is legally changed with all the important government and private agencies, is to use a name change “kit” which provides key forms and instructions for the name change process.
Because there are several steps involved in the typical name change, and because there are a number of agencies (private, state, and federal) that can require notification, the name change kit can save you time and effort. The kit contains virtually everything you need to change your name:
Instruction Guide; Checklist; All forms needed to change records for Social Security, IRS, Drivers License, Vehicle Title, Voter Registration, U.S. Passport, Bank Records, Credit Cards, Medical Records, Insurance, Employment, etc.
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Professional Name Change Services – $129.00 (buy)
A professional name change service is also available if you wish to have a professional review the name change forms on your behalf. The name change service includes all the forms from the name change kit above, but helps ensure that forms are filed correctly because each form is reviewed by a US Legal representative. Each of the forms from the kit above will be checked for accuracy by specialists before paper copies are mailed out to you. If you want your name change to be handled right the first time, you will appreciate the accountability of US Legal Forms’ name change service.
30 Comments
I have been using my common law name for 8 years and i have just went back to work after raising my 7 year child. My employer has advised me that my common law name does not match my social security number and now says i need to get my social security card for proof. is this illegal of what i have done. I have used it for all my documents from food stamps to doctors ect. will this affect my employment?
You should use the name that matches your social security number. If you use a name that does not match your social security number it can cause problems with your wage reporting and taxes.
I am trying to submit the legal form to my state court to make the name that I have assumed (common law name) to become completely legal — a legal name change. As the petitioner, I think I have to use the legal name on my birth certificate. I have to have a notary public sign the petition. How can I prove that I am the same person as on my birth certificate to the notary public if I have the assumed name (a common law name for the past 30 years) on all my ID’s including Social Security card, driver’s license, and current passport?
I would check with the family law court in your county to confirm that you have to use the name on your birth certificate on your Petition for Dissolution. It is likely that you can use your common law last name in the divorce proceeding.
Sorry, Monica, I wasn’t very clear in my expression of my problem. I am not getting a divorce, I am trying to get a legal name change to the name that I now use as common usage (common law name). I started using this name 30 years ago and it is on all my ID’s and social security card. But I just need it to be legal through the courts too. The Petition for Name change says to use, as the Petitioner, my legal name or the name on the birth certificate, not the name you are using now. But, when I do that, the notary public can’t approve it because the name on my birth certificate is different from my ID name. Thank you for your help. I am really stumped and don’t even know who to contact about this other than seeing your post!
The documentation required for a name change varies from state to state. For may states a matching birth certificate and social security card will suffice. I recommended checking the website for your state’s Department of Motor Vehicles (DMV).
@Mart You may also consider US Legal’s professional name change service. They should be able to help you work around the issues you’re having verifying and changing your name.
My mom has been using my dads last name for the past 28 yrs and my father passed away about 10 yrs ago and my mom is still using his last name! She is trying to get a state ID and they are giving her the run around. Is there anything she can do to keep my fathers last name and also get her state ID? Back in the days in Oklahoma common law marriage was reconized and now about 3 yrs ago it is not reconized anymore! What should my mom do or what forms or action does she have to take?
I just would like to say if federally excepted my common law name then why does a federal agency have the right to refuse to update records. That is completely Moronic. I have been using the above name for awhile now. I have loathed my “legal” name since i could understand. It is a extremely personal thing with me. Not to mention the emotional , and psychological reasons. To add to that I don’t have the damn money to pay it’s like 240 plus the idiotic publishing for three weeks. Every time I have to hear my “legal” name I cringe , it stresses me out, and brings back massive bad memories from severe abuse of all kinds. Faeryn came from my grand dad whom I adored greatly. The name reminds me of him and that makes me Happy. Plus i do not want to go to a court hearing and I have no family here ,moved recently with husband. So what can I do ? My state is Nevada and city is Las Vegas. Please any advice welcome, Faeryn
It is moronic to use “excepted” when you mean accepted.
yeah and it is really grown up and “moronic” to make a comment like that…….
CAN YOU REALLY BE THAT BIG OF A MORON TO BE SO CRUEL OVER THE USE OF ONE WRONG WORD. YOU MISSED THE WHOLE POINT! IT CAUSES TRAUMA TO HEAR YOUR GIVEN NAME. IT’S STRESS AND I TOO CRINGE EVERY TIME I HAVE TO HEAR IT. I AVOID FAMILY MEMBERS WHO INSIST UPON CALLING ME THAT!
Please answer this is vital i need to get this done like now.
name change: back in 1988 or 1989, the fed gov’t allowed you to change your last name, back to it’s origin, if it was americanized. there were NO fees/legal/paperwk involved. i did that nearly 20 yrs ago in ca. my bank, bills, cred cards, cred rpts, dl, insurance, lease, ss card + voter reg all match. it’s been so long, all 3 cred rpt’g agencies dropped my aka. but, pa dmv (penndot) is NOT accepting the difference btwn my birth cert + curr dl + refused to issue a dl. pls advise …
I have an almost 3 year old and I want to change his name. His father is deported out of the country, and just incase he getsback, I would like to change his name. I also have already filed for a divorce and soul custoy for him. I am low income and can not afford much to change his name. What should I do next ? Washington Dc. ~Lea
I’ve had a petition in front of the local circuit judge (per Arkansas Law) since June of 2009 (almost a year). The lady that works for the judge can’t tell me if there is anything wrong with the petition other than “it is in proper format if you have not received a request for more information” from the judge, so I assume that everything is in proper form.
Is there anything that I can do to ‘make’ the judge either accept or deny the petition? I am forced to use my legal name on everything here in Arkansas, and it makes me sick because I am named after a person who abused me growing up, and in my letter to the judge, I spelled that out, along with the sheriff’s office where the abuse is documented at.
Any help at all will be appreciated.
I suggest contacting the Arkansas State Bar or contact an attorney in your area. Many state bar associations do provide free legal representation. An attorney can help you with the divorce process and ensure all necessary paperwork is filed.
My son who is now 33 has gone by his step-dads last name since he was 6. The step-dad and I have been divorced for 20 yrs. My son is now wanting to marry, but does not wish to carry on the step-dads last name. He would like to use my maiden name. Is there any way he can do this without going through the costly burden of the courts?
Karen, since your son is an adult, he can change his last name legally with relatively little cost (see: Name Change Forms). If his spouse plans to take his new last name after they marry, it is advisable that your son finalize his own name change well before the marriage to avoid any confusion.
Thanks for the quick and informative info Jeremy.
Do you have to be with someone 7 years to change your last name or can it be anytime within the relationship as long as your living together? So what do you end up doing just putting your boyfriend/fiances last name as yours on things?
So can you use your boyfriend/fiances last name as long as your living together before the 7 year mark? Or do you have to wait the entire 7 years?
I would like to legally change just the middle name of my 2 year old daughter because I am no longer speaking with the hurtful relative I named her middle name after. My daughter was born in Maricopa County in Arizona and we are still residents here but I don’t have the $300.00 to throw around for the court costs Maricopa charges. Is there a cheap, legal alternative I can pursue without a court order from Arizona? I am legally married and my husband agrees with changing her middle name. Since my daughter is only 2, I cannot think of any other parties to inform other then having her birth certificate and Soc Sec card updated with a new middle name. Can I do all this legally myself without the big court costs? Thanks very much!
i have a 2 month old daughter to which i gave her the last name of her biological father, we are not married and havenot established custody. she does havre a birth cert and a social security card with his name. i am wondering what do i need to do as far as a hyphenated name with my last name. can i do that and do i have to get it changed with courts as well? we do not live together but do have doctors and such. trying to make paperwork easier. thanks
my daughter just turnd 16 she casnt get her liceance because her name is differnt on her birth certificate and her ss card one says christina witch is right the other says christine how can i fix it
Hello,
I married one year ago, I change my last name when I married.
I have my daugther, she has 18 years old, and she wants have my husband last name. My husband is agree with that. So, I have to go to the court or my husband have to adopt her?
Also, we are going to send the forms to USCIS for change her status in US, so which we do first?
I have been planning on changing my name for quite some time but I had to wait until I turned 18 because my parents weren’t very fond of the idea. Now if I were to assume my new identity through common law, will there be any problems for me in the future? Should I just get it legally changed? Some advice would be much appreciated
I recently became a US citizen. In my 20years as a resident I used 3 names first,middle & father’s last name. When I signed the citizenship paperwork I used first, middle, father’s last and mother’s last name, because I was asked to fill out my full name of origin. I recently renewed my FL. license and took proof: SS card & old lic. showing 3 names and the citizenship which has my 4. FLA DL office changed my DL to my first, Middle initial and 2 last names. I asked them not to but they refused. Is this normal, correct? What can be done to change it to back to my 3 names. What law in the State of FL. can be used to prompt the reversal?
My concern is that my husband and I married outside of US. I have changed my social security with the new name (married). I am naturalized citizen, my husband become to citizen a couple of days ago. He went to social security department for changing his name who is completely different from our marriage. The employee has no changed my last name as my husband last name used, and she didn’t recognized my marriage record (outside of US). When I changed in FL state I have no problem, but in Scottsbluff, NE they don’t accept to change. The employee told me, “You need to go to the court and change your name” when you have the authorization, you can back and change. I called to the headquarter, and they told me a history completely different from the NE’s office. I explained them, and the response was “You talk with a General Answers” I told her, “I spoke with an agent, no with the machine recorder” Finally, I need to go to the court, they do not accept my former husband’s and I name in our marriage record, and my passport, and his naturalization certification. Can you help me? Thank you for your time
I am getting married on August 20. We are applying for the license August 5 (we live in Wisconsin) The last name on my birth certificate does not match anything else (including mortgage, credit cards, school records, SS card, work records, etc.) as I have used my former step-fathers name since I was 2 (I am now 38). however my name was never changed through the court. Will this be an issue when we apply? Thank you.