Name Change Queries – Answered

Can I Legally Rename Myself to Whatever I Choose?

At James H. Wilson, we understand that your name is a significant part of your identity, and changing it is a personal decision that shouldn’t be taken lightly. However, the law does put a few boundaries in place regarding name changes:

• Your new name should not be chosen with the aim of committing fraud or engaging in illegal activities.
• It is not permissible to adopt a name that could infringe upon the rights of another person, such as the name of a celebrity, with the intention of causing confusion.
• Avoid selecting a name that could be deemed intentionally ambiguous, like numerical names or punctuations.
• Racial slurs or any name incorporating hate speech are not allowed.
• Names that might be categorized as “fighting words” or those that could incite violence are strictly prohibited.

Interesting Case Highlight:

The State of Minnesota presented an intriguing situation when an individual attempted to legally change his name to “1069.” The Supreme Court ruled against the numerical request but indicated a worded version, like “Ten Sixty-Nine,” may be acceptable (referencing Application of Dengler, 287 NW2d 637 (1979)).

Is It Possible To Change My Name Under Common Law Marriage?

Yes, regardless of how you are married, anyone is entitled to change their name. Some states recognize the right to change your name through regular use alone, which means simply by beginning to use a new name without court involvement. Nevertheless, to get your name change recognized by government entities and many private businesses, you will often require a court order—especially if you lack a traditional marriage certificate.

How Can I Ensure Others Recognize My New Name?

Successfully changing your name involves informing all relevant parties of your new moniker, whether you’ve done so through usage or obtained a court order. The process includes:

• Notifying government and business entities to update their records.
• Communicating the change with your social circle and insisting on the use of your new name.
• Consistently using your new name in all areas of your life, such as at work or educational institutions.

Steps to Change Identification and Records

You’ll need to replace your various forms of identification and update your records after a name change. Begin with acquiring a new driver’s license and Social Security card. Here’s a checklist of entities to inform about your name change:

• Family and friends
• Employers
• Educational institutions
• Postal services
• Department of Motor Vehicles
• Social Security Administration
• Birth certificate issuers
• Financial institutions
• Creditors and debtors
• Utility providers
• Tax authorities
• Insurance companies
• Electoral boards
• Passport office
• Welfare agencies
• Veterans Administration

Also, redraft any estate planning documents or legal contracts under your new name to prevent confusion in the future.

Is a Court Visit Mandatory for a Name Change Post Marriage or Divorce?

In cases where you’re adopting your spouse’s surname or reverting to a pre-marriage name, a simple usage change supported by your marriage or divorce documents can suffice. If you wish to choose a completely new name post-marriage or divorce, a court order will be needed.

What if I Encounter Issues With Getting My New Name Acknowledged?

Begin by providing comprehensive documentation that displays both your former and new names. If you hit a roadblock, explain the local laws that validate your name change (which can be found with a quick search on most state law databases). Should you still face challenges, escalate the matter by requesting a supervisor or contacting a higher agency authority.

In extreme cases, acquiring a court order establishing your new name may be the solution. While this might incorporate a filing fee and time investment, it is a manageable process for an individual to undertake.

For personalized advice and assistance in navigating the intricacies of legally changing your name, you can entrust our team at James H. Wilson. Please reach out to us at 804.740.6464 for your legal needs.