HOW TO CHANGE YOUR NAME

HOW TO CHANGE YOUR NAME

INTRODUCTION -- UNITED STATES
(How to change your name in Canada is explained further down)

Both men and women are permitted to change their last name once they are married or divorced. It is easier if you are a new bride to change your name than it is for your husband. There are many reasons people want to change their name. The judge requires a good reason to grant the request and will deny the request if the reason is fraudulent based.
 

STEPS -- UNITED STATES

HOW TO CHANGE YOUR NAME IF YOU ARE A MARRIED OR DIVORCED WOMANThe divorce decree allows the divorced wife to return to her maiden name after a divorce. However, the wife can continue to use her married name if she wishes.

The first step how to change your name is to go to the nearest Social Security office. Bring your identification (driver’s license or state identification card), birth certificate, and marriage license or divorce decree. You will complete the necessary form and pay a small fee. You will receive your new social security card with your new name in seven to ten days. Your social security number will remain the same. Social Security will notify the IRS so be sure to file your taxes using your new name.

Fill out a form at the Division of Motor Vehicles (DMV) to change your driver‘s license and registrations. Bring your new social security card when doing so.

If you are a new wife, you have the choice to change your name by either just using your husband’s name or hyphenating your name with your new husband’s name (Jane Doe-Jones for example).

If you are a new husband and wish to change your name instead, it is not as easy as it is for your new wife. The new husband first needs to check if there is a place on the marriage certificate to specify his new name. If there is not, he will have to go through the whole legal process.

NOT GETTING MARRIED OR DIVORCED OR IF YOU ARE A NEW HUSBAND WANTING TO CHANGE YOUR NAMEThe following steps are the basic steps in a nutshell that each state in the United States follows; however, each state does have their own variations of the process on how to change your name.

The first step how to change your name legally is to file your intent to change your name with the local court system or probate court. You will complete and submit the appropriate paperwork along with the proper payment.

Next, you will have to post a notification of the proposed name change in the newspaper.

This publication must appear three times. The purpose of this notification is to allow any law enforcement and creditors to object to your name change. Although it is fraudulent to change your name to escape legal or financial issues, some people have tried. 

After the first showing in the newspaper, you can submit a formal request for the local judge to change your name by completing and submitting another form and another fee. This form is called a petition form or deed poll. 

The judge will grant your request if you have a good reason. If the judge feels it is not a good reason, the request can be denied. At that point, a court date would be scheduled. Once the judge does grant the name change, you will need to publish a notice in the local newspaper with the judge’s form of approval.

If you are a legal alien, ex-convict, or attorney, an Affidavit of Service to notify the appropriate authorities is required to notify the state bar, criminal justice system, and immigration services about your plan to change your name.

In some states such as New York, the Civil Rights Law states that a new name will be adopted

if you use that name consistently and without fraudulent reasons. However, credit card companies, banks, and other institutions may not honor this.

HOW TO CHANGE YOUR NAME IF YOU ARE A MINOR CHILD

A parent or legal guardian must submit the petition for children. A form of consent will have to be signed by the parent or guardian agreeing to the name change. There must be a good  reason for the name change such as adoption or the child is a stepchild being  brought into the family.

A judge can grant a name change of minor children at the adoption hearing. If it is a custody or divorce case, the consent form must be signed by the other parent.

Both parents and guardians will be notified to voice any questions or objections.  A court hearing in front of a judge is then scheduled to voice those questions or objections.

REASONS FOR NAME CHANGE

- When two people are married, they both want to share the same last name.

- When two people divorce, the wife often wants to return to her maiden name.

- Children’s last names are changed as a result of adoption into a family.

- Some people change their entire name due to religious beliefs.

- Others wish to shorten or simplify their names.

- Some people were given names at birth that never really fit them.

- Some people want to disassociate themselves from their family name due to personal reasons.

WARNINGS

The new name cannot include symbols, trademarks, foul language, or numbers except Roman numerals (George Smith III for example).

You cannot change your name to escape legal or financial issues.

Once you decide on a name change, you can’t keep going back to the court to change it if you decide that you prefer something else.

TIPS

If you wish to change your name yourself, you can either go to the courts to obtain all the paperwork and guidance or you can purchase a kit that has all the necessary forms and instructions depending on your state and country. You can also hire a lawyer or paralegal who are knowledgeable in how to change your name, and they will do it for you for a fee.

Notify all three credit bureaus to avoid losing your credit rating.

Be patient. It will take time and money to fill out the forms and get thru the process of how to change your name.

Be sure to notify everyone you can think of concerning your name change. This would include credit card companies, IRS, utility companies, employer, post office, family, friends, passport, banks, retirement funds and plans, real estate records, voter registration, insurance companies, and the attorney for your will and other people’s wills.

HOW TO CHANGE YOUR NAME -- CANADA

Each province and territory in Canada has their own variations of the process and their own Change of Name Act. The following is a snapshot of how to change your name in Canada. It is very easy and mostly just paperwork and fees. If your name change is due to marriage or divorce, be sure to bring your marriage certificate or divorce decree in order to change all your identification such as health card, drivers license, passport, etc. If you are a new bride, it is a common practice in Canada to keep your maiden name after marriage instead of changing your name.

Update your social security number (called Social Insurance Number in Canada).

Update your driver’s license.

Update your passport by visiting the local Government of Canada passport office.

Obtain a Redirection of Mail form from the post office in order to change your name with the Canada post office.

Call or send a letter to Revenue Canada.

If you want to change your name legally, you must complete and file the Election to Change Surname form with the proper government office. There is no charge for this if it is submitted within 90 days of your marriage date. Many provinces and territories will also automatically update your name on your birth certificate. If this is the case, you will have to surrender your birth documents and obtain new, updated documents.

To be eligible, the applicant must have been born in that province or territory or lived there for a certain amount of time before submitting the application to change your name. Depending on the province or territory, the amount of time required could be three months to one year.

If you were born in Canada, you will need your original birth certificate and identity document to change your name. Otherwise, a certified copy of your immigration papers and permanent resident card are required.

A guarantor or sponsor may be required to change your name. This is a person not related to you that has known you for more than a year.

Some provinces or territories also do fingerprinting.

The name change will be granted if you have a good reason.

The following is a basic breakdown of how to change your name in the various provinces and territories in Canada:

ALBERTA

Obtain all forms from the registry agent, a service center that acts as the middleman by offering registrations, information, and license services to the government offices for you. The registry agent will send your application to Vital Statistics. Vital Statistics will process, approve, and return a Change of Name Certificate to you. If you were to send the application directly to Vital Statistics, the form will not be processed and will be returned to you. Finger printing is also required by this province to change your name..

BRITISH COLUMBIA

The applicant completes and submits the proper form and fee to the Minister of Finance. Another fee is paid  and forwarded to Vital Statistics to cover the cost of the criminal record check. Vital Statistics will also supply the applicant with the fingerprinting package. The applicant must supply all original birth certificates if he or she was born in Canada. Otherwise, certified copies of immigration papers or a permanent resident card will be required to change your name.

MANITOBA

The name change in this province will not change your birth certificate. The proper form and fee are processed by Vital Statistics.

NEW FOUNDLAND and LABRADOR

The proper form and fee are processed by the Department of Government Services.

NORTHWEST TERRITORY

The proper form and fee are processed by Health and Social Services.

ONTARIO

The proper form and fee are processed by the Ministry of Government Services.

QUEBEC

The proper form, fee, and administrative costs are paid to the Registrar of Civil Status. This could cost several hundred dollars.

PRINCE EDWARD ISLAND, SASKATCHEWAN and YUKON

The proper form and fee are processed by Vital Statistics.

CONCLUSION
The process of how to change your name is not as bad as it seems. Whether you live in the United States or Canada, the process to change your name can be lengthy, time consuming, and costly. Once the name change is completed, you can move on with your life and enjoy being called by your name of choice.