Name Changes FAQ

How to legally change your name.

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I just don't like my birth name and I want to change it. Can I choose any name I want?

There are some restrictions on what you may choose as your new name. Generally, the limits are as follows:

  • You cannot choose a name with fraudulent intent -- meaning you intend to do something illegal. For example, you cannot legally change your name to avoid paying debts, keep from getting sued or get away with a crime.
  • You cannot interfere with the rights of others, which generally means choosing the name of a famous person with the intent to mislead. For example, most judges will not approve your renaming yourself George Bush or William (Bill) Clinton unless you have a convincing reason not related to the famous politicians.
  • You cannot use a name that would be intentionally confusing. This might be a number or punctuation -- for example, "10," "III," or "?."
  • You cannot choose a name that is a racial slur.
  • You cannot choose a name that could be considered a "fighting word," which includes threatening or obscene words, or words likely to incite violence.
That's "Mr. Three" to You

Minnesota's Supreme Court once ruled that a man who wanted to change his name to the number "1069" could not legally do so, but suggested that "Ten Sixty-Nine" might be acceptable (Application of Dengler , 287 NW2d 637 (1979)).

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Do I have to file forms in court to change my birth name?

In theory, no. In all but a handful of states, common law legal principles allow you to legally change your name by usage only. A name change by usage is accomplished by simply using a new name in all aspects of your personal, social and business life. No court action is necessary -- it costs nothing and is legally valid. (Minors and prison inmates are generally exceptions to this rule.)

However, practically speaking, in the post-9/11 world, you will probably need an official court document to get government agencies and many key private organizations, such as banks and title companies, to accept your new name. Because many people and agencies do not know that a usage name change is legal and are worried about identity theft, they may insist on seeing something in writing signed by a judge. Also, you will need a formal order signed by a judge in order to change certain types of identification, such as a new passport, birth certificate attachment and Social Security card. The only exception to this is when you change your name because you get married, in which case a copy of your marriage license should be enough to get your identification documents changed.

Even if name changes under the usage method are legal in your state, you will usually be best served to pursue a formal court-ordered name change.

If you are still interested in the usage method to change your name, you can find out whether you can do so in your state or whether your state requires a court order, by contacting your local clerk of the court. Or, if the court clerk doesn't give you enough information, you can look at your state's statutes online.

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How do I implement my name change?

Whether you have changed your name by usage or by court order, the most important part of accomplishing your name change is to let others know you've taken a new name. Although it may take a little time to contact government agencies and businesses, don't be intimidated by the task -- it's a common procedure.

The practical steps of implementing a name change are:

  • Advise officials and businesses. Contact the various government and business agencies with which you deal and have your name changed on their records. See Changing Identification and Records, below.
  • Enlist help of family and friends. Tell your friends and family that you've changed your name and you now want them to use only your new one. It may take those close to you a while to get used to associating you with a new sound. Some of them might even object to using the new name, perhaps fearing the person they know so well is becoming someone else. Be patient and persistent.
  • Use only your new name. If you are employed or in school, go by your new name there. Introduce yourself to new acquaintances and business contacts with your new name.
Changing Identification and Records

To complete your name change, you'll need to tell others about it. Contact the people and institutions you deal with and ask what type of documentation they require to make your name change official in their records. Different institutions will have different rules and forms; a few will only require your phone call or an email. But in our increasingly security-conscious world, most will require special forms, a copy of a court order listing your new name and, in a few instances, even a personal meeting.

It's generally recommended that you first acquire a driver's license, then a Social Security card in your new name. Once you have those pieces of identification, it's usually fairly simple to acquire others or have records changed to reflect your new name.

Here are the people and institutions to notify of your name change:

  • Friends and family
  • Employers
  • Schools
  • Post office
  • Department of Motor Vehicles
  • Social Security Administration
  • Department of Records or Vital Statistics (issuers of birth certificates)
  • Banks and other financial institutions
  • Creditors and debtors
  • Telephone and utility companies
  • State taxing authority
  • Insurance agencies
  • Registrar of Voters
  • Passport office
  • Public Assistance (welfare) office
  • Veterans Administration

If you've made a will or other estate planning document (such as a living trust), it's best to replace it with a new document using your new name. Your beneficiaries won't lose their inheritances if you don't, but changing the document now will avoid confusion later.

Finally, remember to change your name on other important legal papers -- for example, powers of attorney, living wills and contracts.

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What should I do if I have a hard time getting my new name accepted?

Some people and institutions may be reluctant to accept your new name. Just a few years ago, if you lived in a state where no court order was required, you could eventually get your new name accepted simply by being persistent. Today, this approach is unlikely to work, and it will be far more efficient to go to court and obtain a judge's order establishing your new name. It costs a few dollars in filing fees and will take a little time, but it's something you can easily handle on your own.

Start by providing documentation that shows both the old and new names. If you've recently obtained a passport, it may be helpful because it can show your old name as well as the new name as an AKA ("also known as").

If you have a court order, you probably won't have any problem getting your new name accepted. If you have tried to go ahead with the usage method, you may be stonewalled. If that happens, you may want to gently but forcefully give a rundown of state law that supports your position. (You can research the law for your state at your local law library or online. ) If the person with whom you are dealing remains uncooperative, ask to speak to his or her supervisor. You have the legal right to change your name, even if the people you're dealing with don't know your rights (although, as we've noted, the usage method is pretty much disfavored at this point). Keep going up the ladder until you get results. If you have trouble at the local office of a government agency, contact the main office. If you come up against a seemingly impossible situation, you will probably want to reconsider and get your name changed by filing a court petition.

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Copyright 2004 Nolo

These articles are not written specifically for Florida. They contain information about U.S.Family Law in general, but may not reflect Florida Law.