Changing one’s name is a significant decision. It can be driven by various reasons, which can be broadly categorized into personal and professional motivations.
However, going to court for a name change can be a lengthy and expensive process. A legal name change requires hiring an attorney, filing a petition, paying a filing fee, and paying to publish notice of the name change in the local newspaper. The whole process can take months and cost thousands of dollars.
A person can legally change his name without going to court, and the name he chooses will be his legal name just as much as if he had been given it at birth. An individual may choose any name he desires as long as the reasons for the name change are not fraudulent.
This article will discuss the various ways a person can change their name without going to court.
Ways To Change Your Name Without Going to Court
1. Common Law Name Change?
The common law in the United States has always permitted people to change their names without going to court. This is called a “common law” name change. Technically, to legally change your name under the common law, all you need to do is pick a new name and start using it.
Doing a “common law” name change is very simple, and anyone can do it. Legal cases make it clear that a person could simultaneously have more than one common law name.
Under the common law, people can assume different names in different aspects of their lives. Famous people do this all the time. Marilyn Monroe’s real name was Norma Jeane Mortenson. Rihanna’s real name is Robyn Fenty. Natalie Portman’s real name is Neta-Lee Hershlag. Drake’s real name is Aubry Drake Graham. The use of a common law name is, actually, pretty common. (Pun intended)
In the United States, a person can enter into contracts, buy and sell property, be a beneficiary under an insurance contract, get married, and inherit property, all under a pseudonym or common law name.
Only four states have explicitly abolished the common law right. Hawaii, Louisiana, Maine, and Oklahoma have abolished the common law name. If you live in any other state, you still have the right to make a common law name change.
As with all things that seem too good to be true, people began to exploit the use of common law names. Imagine a criminal or con man being able to open up multiple bank accounts and credit cards under different and legal common law names. As criminals began to abuse the right to numerous common law names, the government started to crack down on people changing their names for criminal purposes or to avoid paying debts.
Is a Common Law Name Change Feasible in Today’s Digital World?
It is becoming more and more difficult for a person to perform a common law name change. Let’s start with getting a state-issued ID.
“Real” Identification laws
If you want to go to your state’s licensing office and request a “State ID,” the state will require you to bring and produce a copy of your Social Security Card before issuing an ID. The REAL ID Act of 2005 mandates that all states create unique identification that links to the holder’s Social Security Number.
The law further requires that the name on the state ID card match the name on the person’s social security card. So, you would not be able to obtain a statute-authorized ID under a common law name.
You will encounter the same issue if you want to obtain a driver’s license under a common law name. The Real ID Act section 202(d)(5) requires states to verify social security numbers when issuing a new driver’s license. As such, you will not be able to obtain a driver’s license under a common law name.
Whether you are attempting to obtain a driver’s license or a state ID, it is legally impossible to get a state identification under any name that is not the same as the one registered with the Social Security Administration.
Banking and a Common Law Name Change
It is hard to function today without a debit or credit card. A person cannot open a bank account, apply for a credit card, or even a PayPal account without a state-authorized ID.
The USA Patriot Act requires financial institutions to have a Customer Identification Program (CIP). The banking system has issued regulations that require every bank to verify the customer’s name, date of birth, residential or business street address, and identification number. The rules make it clear that if a U.S. citizen wants to open a new bank account or get a credit card, the bank must get their U.S. taxpayer identification number.
Suppose you attempt to open a banking account and obtain a loan or credit card. In that case, you will need your social security number, individual taxpayer identification number, or employer identification number to open an account.
Since these regulations were enacted, opening a banking account under a common law name has become almost impossible. To do so today requires lying about one’s social security number, which is illegal.
2. Changing Your Name at The Time of Your Marriage
It is possible to change your name when you get married without going through a formal court process. Typically, this process involves taking your spouse’s last name, hyphenating both last names, or creating a new combination of both your names.
The process generally involves the following steps:
- Getting a Marriage License: When you apply for your marriage license before your wedding, you can specify the new name you want to use after marriage. The new name you specify on the marriage license application will become your legal name once the marriage license is signed during the marriage ceremony and then returned to and recorded by the county.
- Changing Your Name on Important Documents: After the wedding, you will need to change your name on all of your important documents to reflect the new name. This often includes your social security card, driver’s license, passport, bank accounts, credit cards, insurance policies, and so on. For most of these changes, you will need a certified copy of your marriage certificate, which you can obtain from the county recorder’s office.
- Notifying Relevant Parties: After changing your name on important documents, you should notify all relevant parties of your new name. This may include your employer, your bank, your creditors, your school, and any other institutions or individuals that need to know your new name.
3. Changing Your Name At The Time of A Divorce
It is possible to change your name during a divorce proceeding without a separate court process, depending on your jurisdiction. If you want to change your name back to your maiden name or another previous name, you can generally do this as part of the divorce process.
Here are the general steps involved:
- Indicate Your Desire for a Name Change in Your Divorce Petition: When you file your divorce papers, you can often include a request to resume using your maiden name or a prior name.
- Request Name Change in the Divorce Decree: The divorce decree (the final judgment that declares that your marriage is legally over) can include a provision that grants a change of name. The name change is typically approved during the finalization of the divorce.
- Use the Divorce Decree for Changing Your Name on Documents: Once the court grants your request, your divorce decree will serve as official proof of your name change. You can use it to change your name on all your personal documents, such as your Social Security card, driver’s license, passport, bank accounts, etc.
Conclusions
While it is perfectly legal in 46 states to change your name under the common law, the REAL ID law and banking regulations make it nearly impossible. If you want to change your name and still open a bank account and get a state ID or driver’s license, you will need to file a petition with the court in your state and county and legally change your name.
If you are interested in changing your name, you will want to read this article on the steps to legally change your name.