what type of lawyer to use for legal name change

by Dallin Bernhard 3 min read

family law attorney

Full Answer

Do you need a lawyer to change your name?

The very first step in the process of changing your name starts by going to your local county clerks office. There you will find out if you need a lawyer for the process but typically your county clerks office will give you information pertaining to self-help so you can do the name change on your own without hiring a lawyer.

How to legally change your name without a lawyer?

You must include the following information in the Petition for Change of Name:

  • Your current name
  • Your county of residence
  • A description including height, weight, hair and eye color, race, sex, and place and date of birth
  • Place of residence (s) for the past five years
  • Reason for request
  • A legal description of all real estate in Iowa owned or in which you have any legal interest
  • The new name you are requesting to take

How do you change a legal name?

“The next step is to file the notice and other documents needed for the name change with appropriate department; in some states this is a Clerk of Court, in other states, it requires an actual court file to be opened and a Judge to sign the name change order.”

What kind of lawyer handles name changes?

Consulting with a lawyer regarding any significant legal matter such as a name change is always advisable. Because of the complexity of some name change documents, it may be advantageous to consult an attorney to explain the full effects of the name change. A lawyer can also help you through the legal process of changing a name.

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How difficult is it to change your name?

The process of changing your name is not difficult however it requires a tedious effort to do so. There are many steps, which can be slow at times, that are required to successfully change your name. It's easy to change your name in social settings, all you have to do is introduce yourself with your desired name.

Can I change my legal name just because?

Anyone can change your first or middle name in California by filing a Petition for Change of Name. There's no difference, in a first or middle name change case, from a case where you want to change your last name. It's the same process, and is just as legally valid upon approval.

How much is it to change your name?

Name changes cost anywhere from under $100 to more than $500, depending on your state. In many states, fees vary in each county, so check with your local probate, family, or district court clerk. Many states still have fees well under $100.

How long does it take to change your name?

Changing your name cannot be done overnight, it requires systematic planning and involves a host of complicated pre and post-gazette publication compliance. While it might take approximately 4-8 weeks to get your name changed published in the gazette.

What are the consequences of changing your name?

You probably expect to need to update your Social Security information and your credit cards, but there are plenty of other people who need to know about your new name as well. "A name change can have an impact on your taxes. All the names on your tax return must match Social Security Administration records.

What is a good reason to change your name?

Change your name to honor your heritage, ethnicity or for religious reasons; and. Change your name to honor a step-parent or other person that has been special in your life; and, Create a new last name for both you and your spouse by hyphenating your surnames.

Do I need a new passport if I change my name?

Answer: American citizens are required to travel with a passport that has their current legal name. If your name changed due to marriage then you need to apply for a passport name change before you travel. If your passport was issued less than a year ago, there is no fee.

How much does it cost to change name on birth certificate?

Costs for this service A statutory correction application fee of ÂŁ75 or ÂŁ90 will be charged for the consideration of a correction to a registration. If you require any replacement certificates that show the correction note, these will cost an additional ÂŁ11 each.

How do I change my name?

Steps to Legally Change Your NamePetition to change your name by filling out a name change form, an order to show cause for legally changing your name, and a decree to legally change your name.Take these forms to the court clerk and file them along with your state's required filing fees.More items...•

What state is the easiest to change your name?

Easiest States To Change Your Name Because of Full Service, by EZ Name Change, California's process is considered one of the easiest and surest ways to get a name legally changed.

How do I notify the IRS of a name change?

Apply for an ATIN by filing Form W-7A, and file this form with the IRS. After a name change, file Form SS-5PDF. The form is available on SSA.gov or by calling 800-772-1213.

How long does it take Social Security to change your name?

Expect to wait a minimum of two and a half weeks from the date the SSA receives your application.

Who reviews name change petitions?

Once that is done, a judge or magistrate will review the information on the forms and determine whether to grant or deny the name change request. In most cases, the judge will grant the petition.

Why do people change their names?

In addition, while it is not the most common situation, a person may also have their name changed if they enter a witness protection program.

Can you be charged for changing your name to someone else's name?

For instance, if the person wants to change their name to someone else’s with the intent to assume that person’s identity and to collect on their benefits, then not only will their request be struck down because it is illegal, but they can be charged criminally for it as well.

2 attorney answers

This is a fairly straightforward action depending on the circumstances. Any solo or general practitioner (lawyer) should be able to assist in drafting the appropriate legal documents.

John Roache Cook IV

If this is connected to a divorce, then it can be done during the proceedings. Otherwise it's an application through the La. Vital Records and you have to file a motion with the court in your jurisdiction. I would suggest a family law lawyer or a general practioner.

What is a court order name change?

3. Court-Ordered Name Change. A legal name change for reasons other than marriage or divorce is a court-ordered name change and is usually because of personal preference or gender change. It’s a common misconception but not all states require you to file your name change in court if it falls under the state’s usage method.

What to do if your name is not allowed to be changed?

If the court does not allow modification, you will likely need to file a petition for a court-ordered name change. You should always keep proof of your original name (birth certificate) in case you run into any difficulties with using it again. 3. Court-Ordered Name Change.

Why do people change their names?

People change their legal name for many reasons. For the most part name changes happen due to marriage, divorce, gender change or court order. Marriage and divorce are the most common reasons for legal name changes. You need a marriage certificate if you’d like to take your spouse’s name after your wedding. To get your maiden name back ...

How to get your maiden name back after divorce?

To get your maiden name back after divorce all you need is a divorce decree. And most states allow you to obtain a court-ordered name change if you don’t like your current name. Each state has its own laws and restrictions but the general process of legally changing your name is pretty straightforward. 1. Marriage Name Change.

How to change your name after divorce?

The first step of a divorce name change is to go through divorce proceedings in your state. After the state says your divorce is final, you will be able to obtain a divorce decree which serves as your legal name change document.

How to update your name after marriage?

The first place to update your name after your marriage is with the Social Security Administration (SSA). You do this by submitting Form SS-5, your marriage certificate, and proof of your identity and citizenship.

What is asking for a name?

Asking for a name which has the intention of being misleading, typically done by taking the name of someone famous. Choosing a confusing name which may include numbers or symbols. Seeking a name that may be offensive to others (racial slurs, fighting words, viewed as threatening, etc.)

What to do if you change your name?

In addition to your friends and family members, here are some of the entities that you should notify once you legally change your name: 1 Employers 2 Schools 3 Post Office (via change of address form) 4 Department of Motor Vehicles 5 Social Security Administration 6 Department of Records or Vital Statistics (issuers of birth certificates) 7 Banks and Other Financial Institutions 8 Creditors and Debtors 9 Telephone and Utility Companies 10 State Taxing Authority 11 Insurance Agencies 12 Registrar of Voters 13 Passport Office 14 Public Assistance (Welfare) Office 15 Veterans Administration

Why do people change their names?

Marriage and divorce are easily the most common reasons people change their names. Generally, if you're changing your name after marriage, a marriage certificate is the only thing that you need. A divorce decree is all you need to change your name back after divorce.

How to introduce yourself to your new name?

You can do this by: Introducing yourself using your new name. Filling out forms and applications under your new name. Telling your family and friends to only refer to you by your new name. Informing your school, employer, and other institutions of your new name (some institutions may require legal documentation of your name change).

Can you change your name to escape debt liability?

There are some exceptions though. For example, you can't: Change your name to escape debt liability or hide from criminal liability. Change your name in order to commit a crime.

Can you change your name on an estate plan?

Changing your name on estate planning documents will make it much easier for your heirs in the future. While your heirs can't be disinherited because of a name discrepancy, they may have to go through more steps in order to show your former name and true identity before being awarded their share.

Do you have to appear before a judge?

Some states do not require an appearance before the judge and will mail you the signed order. In some states, they will allow you to have a brief court appearance the same day your turn in your forms if the schedule allows. Some states do not require an appearance before the judge and will mail you the signed order.

Can you change your name if you have been convicted of a felony?

Some states will not allow a name change if you have been convicted of a felony. Some states require a fingerprint criminal history record. You must read and follow the steps outlined by your states law.

Can I change my last name in Cincinnati?

How to Change Last Name at Cincinnati Clerk of Courts. A legal name change does not require an attorney and can be completed by yourself. You must follow some guidelines, such as, you cannot change your name to a famous person, you cannot change your name to avoid legal issues and you cannot change your name to one that is demeaning ...

How to change your name without a lawyer?

There you will find out if you need a lawyer for the process but typically your county clerks office will give you information pertaining to self-help so you can do the name change on your own without hiring a lawyer. Each state has their own procedure so it’s important to go to your local county clerks office to gather this information.

How much does it cost to change your name?

As it varies by state, changing you name typically costs under a few hundred dollars. It’s after you change your name that the fees add up with things like a new drivers license, social security card and passport. All of which will cost money to replace. Again, states charge different fees to replace IDs and documents.

What is the most important document to change your name on?

If the judge approves your application, a decree will be signed which is the most important document because it allows you to change your name on all the most sensitive documents including your passport, driver’s license, birth certificate and social security card.

How to change name on passport?

To change your name on a US Passport an applicant will need to do the following: If applying less than 1 year after your previous passport was issued you will need to gather the following: Complete Form DS-5504 either Online or in Adobe PDF. Your Current Passport.

Why do you need to make copies of petitions?

Knowledge Tip: The reason for making copies is because you will need to provide a copy of the petition for a change of name form when publishing your new name in the newspaper. Look at Step 4 for more information.

Why do people change their last name?

People change their name for a variety of reasons. By far the most common reason people change their name (last name) is due to marriage or divorce. Other reasons include: Entertainment Stage Name. Gender Change. State Witness Program. Troubled History. Dislike of Birth Name. Restoring a Former Name.

Is it hard to change your name in Family Fallout?

Family Fallout. The process of changing your name is not difficult however it requires a tedious effort to do so. There are many steps, which can be slow at times, that are required to successfully change your name.

How old do you have to be to change your name?

You can change your name as an adult if you are 16 years old or above. Picking the name of your own choice is your wish and accomplishing it through the legal procedure is our job.

Why do you change your child's name?

There are countless explanations behind Changing a Child's Name, some well-known reasons incorporate bringing a kid into another family, expelling the name of a missing guardian, changing the spelling or request of names , or in light of the fact that the kid essentially does not care for their name. If the kid is sufficiently experienced to comprehend the ramifications of the Name Change, their consent or sentiment might be required by the court. The law and process for Minor Changing The Name of A Child vary from state to state. But according to the law of US, we deal with all clients and help them the Minor Name Change of their child. Legally Name Change provides not only information about the minor name change of the child but also helps in the legal process of the minor name change of the child.

Is LegallyNameChange a substitute for an attorney?

LegallyNameChange.com, does not furnish, provide to give any type of legal advice. We are not a law firm or a substitute for an attorney. The purchase and use of these materials is subject to the “Terms of Use”.

Can you be known by any name?

By law, you can be known by any name of your own choice. Simply present yourself by your favored name and have individuals allude to you by that name. If you need a name other than the one on your introduction to the world or marriage declaration to be on your authoritative records, for example, identification, driving license, passport and bank accounts, that time you need a Legitimate Name Change. With our Legal Name Change Service, we help you to adopt a new name of your choice and making it legal is our responsibility.

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