Demystifying the Basics of Legal Last Name Change

Thinking of a name change? You are not alone. Many people grow up with names they don’t love and can’t wait for the opportunity to pick new ones. Luckily, changing your name is a constitutional right under the Fourteenth Amendment. Now that the government already knows you by the birth name, it means you have to go through legal channels to change it. The first thing that comes to mind is, can you change your name to anything you like?

Under the name change laws, it’s possible to change your last name to any other though there are important exceptions. This post looks at the name change requirements, exceptions, and suggests how a last name change service can help you.

The Basics of Last Name Change

There are different motivations for a last name change, including marriage, divorce, transgender name change, religious or political reasons, inheritance reasons, or personal dislike for a name. Whatever the motivation behind your desire to change your name, the law is on your side, and you can finally get that name you wish.

Some of the most common ways to get a new name are:

1. Using a marriage certificate: This applies to marriages where most brides take the names of their husbands to reflect their new status. The name change starts with a marriage certificate application which reflects the new name. Once you get the certificate, you can acquire new documents, including a social security card, passport, and driver’s license. You should also send out notifications to institutions and persons who need to know about the name change.
2. During a divorce: You can file for a last name change request when filing a divorce. The judge can grant your request as part of the ruling. You can also request for an amendment to the divorce ruling to include a name change request or file a stand-alone court petition for last name change after the divorce ruling.
3. Through a court petition: If you want to change your last name outside marriage or divorce, you can simply petition the court. Different states have unique name change forms and requirements, and you can confirm these from your local county clerk. If your petition goes through, you should apply for new documents and ensure you send name change notifications to everyone who should know.

Exceptions For Your Last Name Change

You are allowed to change your name to anything you like but with a few exceptions. These exceptions include:

1. Changing your name to escape criminal or debt liability. Such a name change is illegal, and the court will reject it.
2. Changing your name to commit a crime is illegal, and you can face legal consequences.
3. Changing your name to that of a celebrity or public is a deliberate misrepresentation. A name change to mislead is unacceptable in law.
4. Changing your name to a confusing one that includes symbols or numerals
5. Changing your name to something morally offensive, obscene, intimidating, or racially offensive.

While you have a wide leeway to choose a fitting name, it’s important to understand the limitations under law. This will save you a lot of time when filing your name change petition.

Every state has name change laws, and it’s important to check them before making your application. When you visit the local county clerk offices, make inquiries about the acceptable name changes and also explain your case in detail.

Overcoming the Challenges in Last Name Change
There are steps to follow in a last name change process but they are taxing. If you are busy, you will find the court petition process tiring and what’s more, there are new documents to apply and several offices to visit. This is where an online name change service like HitchSwitch comes handy.

These professionals understand the name change requirements for every state and they help by guiding you at every stage. They provide all the documents you need in one place and help to fill and mail them to respective offices. This saves you a lot of time and energy.

While you will still have to visit the DMV or the social security offices, you’ll have all the documents you need and fully-completed forms. You will save a lot of time by avoiding the bureaucracy at these public offices. The name change services offer tailored-packages to suit your unique last name change requirements.

Final Thoughts

Can you change your last name to anything you want? Your question is now answered, but you still need to complete the necessary steps to get that new name. Last name change can be intimidating if you don’t know much about the requirements. By working with a name change service, you avoid all the hassle in the last name change process.

What you’ll need for Legal Name Change after Divorce? Here Are the 5 Amazing Tips

No one plans for a divorce, but it is a fact of life, albeit an unpleasant one. Whatever the reasons behind the divorce, some things have to change. For most women, one of the first things to change is the last name. Many women drop their maiden names and take up their husband’s names in a tradition that goes back many years.

Normally, you would want to change back to your maiden name after divorce or pick another name other than your husband’s. This major decision signals a break with the past and a new phase of your life. Many women would like to start on a clean slate after divorce, and the law supports such a decision.

This post addresses how to legally change your name after divorce, requirements, and how to start using your new name. This will help you if you want to file a divorce or if the divorce is already finalized.

1. Include The Name Change Request In Your Divorce Papers

A lot of thought goes into a divorce. Before you file your divorce papers, you should take the time to look at all aspects of your life that will be affected. This also gives you a chance to make the right decisions. At this point, you should think about your name and any name change you would like.

It is the easiest opportunity to change your name legally by including the same in the divorce papers. There are extra forms that you’ll need to file for the judge to consider your request. Ask for direction from the court clerk’s offices to ensure the name change request forms part of your case. Fill out the form correctly and in its entirety to save yourself the trouble of coming back to court after the divorce is finalized.

This means the name change request will form part of the case. In the ruling, the judge will give a name change order if they agree with your petition. Before you leave the courthouse, apply for certified copies of the name change order because you will need these legal documents to apply for new documents, and also send notifications to other parties about the name change.

2. Seeking An Amendment To The Divorce Ruling

In many cases, the applicants fail to include the name change request and only realize the oversight when it’s too late. Luckily, some states allow you to seek an amendment of the divorce decree to include the name change. This is an easier route than going back to court with a name change petition.

The same judge who listened to the divorce case will handle your prayer for amendment. They will give a name change decree, a legal document that approves your name change.  You should pay for several certified copies from the court clerk as they will come in handy to complete the name change after divorce.

3. Filing A Name Change Petition After Divorce

There’s so much going on in your life before and during a divorce. Many people file for divorce while still holding on to hope that things might still work out. It is thus understandable that many applicants don’t include a name change request in their original divorce filings.

In this case, the divorce case will continue to its logical conclusion and a divorce decree will be issued. However, it will not have a name change order.

If this is your situation, you can still apply for a name change after divorce by filing a petition in court. This is the normal route taken by anyone else who would like to change a name change other than for marriage.

The process requires filling out multiple forms, including the original petition, Order to Show Cause for Change of Name, proof that you published the name change in a newspaper, and a Decree Changing Name. Different states have unique requirements for name change petition, and you need to seek clarification from the court clerk’s office.

You will need to attach documents such as proof of identity, proof of divorce, proof of citizenship, and any other required papers.  Make sure you make copies of all the completed application forms. You should also confirm from the court clerk whether you need to publish the Order to Show Cause for Change of Name and attend the petition hearing.

Once you complete the documents, you’ll have the petition filed by the court clerk before the hearing. This will take several weeks and you should mark the dates for your hearing. If the court grants your name change request, you’ll get a signed name change decree. It is the legal document that you’ll use to formalize your name change.

It’s advisable to countercheck every form you fill and, if need be, go through it with the court staff to ensure there are no hitches in the petition. You should also clearly indicate the reason for the name change thus making it easier for the judge to approve your request.

4. Apply For New Documents

If you have changed your name through the original divorce ruling, an amendment, or through a petition, there are still several steps remaining. The most important of these is applying for new documents that will reflect your new name. These include:

1. Social Security Card

Start by visiting your local Social Security office to change your name. You can also download the Application for a Social Security Card Form the state’s website. You will need a certified copy of your divorce decree or name change order, your old security card, a proof of identity such as a birth certificate, and a copy of driver’s license. Once you complete the form, send it via mail and include the required documents. The new card should arrive in two weeks.

     2. Apply For A New Driver’s License

You will next apply for a new driver’s license by visiting your local DMV office. Take along a certified copy of your divorce decree, current driver’s license, proof of identity, and your new social security card (or the application receipt). You will fill a form and then pay any required fee. The new driver’s license will be sent in about two weeks.

     3. Update your Travel Documents

You should update your passport or other travel documents after changing your social security card and driver’s license. You can download the new passport application forms from the state’s website. Download and complete Form DS-5504 if your passport is less than a year old. On the other hand, if your passport is more than 12 months old, download and fill Form DS-82. You will attach the divorce decree, the old passport, current passport photo, and the required fee.

5. Send Name Change Notifications

Once you have updated all your legal documents, you should send notificationsto persons and institutions who still use your old name. This will help update all of your identification records in different offices. Some of the recipients to notify include:

• Banks
• Credit card companies
• Mortgages/deeds with mortgage providers
• Insurance providers
• Utility services
• School/work, (payroll and retirement plans)
• Voter registration
• Your attorney
• Magazine/newspaper subscriptions
• Alumni organizations
• Social media platforms/accounts

Enjoy Hassle-Free Name Change After Divorce

Clearly, name change after divorce is one arduous task and it comes after another emotionally draining period. It is no wonder many people delay the process or forego it altogether even when they want to change their names.

Luckily, technology has changed all this as you can now use a reputable online name change service like HitchSwitch for a less stressful name change. This is an online platform that avails all the documents you need and information in one place.

You don’t have to hop from one office to the other or from one government website to the other to access these forms. You can now choose the best name change package tailored to your needs and you will get all the forms you need. Some packages also include other services such as completing the forms and mailing them to respective recipients.

Once you choose a name change package and provide the information required, the professionals will do the rest. You will still need to visit the local DMV offices but you will have all the prerequisite completed forms with you. This service is a godsend for anyone who has just gone through a divorce. The last thing you want is to start queuing in crowded government offices. A name change service reduces the hassle and makes the name change process smoother.

Wrapping Up

No one foresees a divorce but now that it has happened, you have to embrace life and move on positively. A name change after divorce is a big step towards starting a new phase of your life. The conventional way to change your name after divorce is cumbersome. That’s why you should go digital and use an online name-change company. You will also get all information you need about your state’s name change requirements after divorce. With their tailored-name change packages, these experts make the process faster and less stressful.