A Rose By Any Other Name: Paper Doll Straightens Out Name Change Paperwork

Posted on: January 18th, 2011 by Julie Bestry | No Comments


Paper Doll‘s maternal great-grandfather was one of three brothers who immigrated to the United States in the late 19th century. As was common at the time, officials at Ellis Island had difficulty communicating with new arrivals and such confusion led to modifications of spellings and even names on the paperwork.

Thus, although the family name was Urdang, my great-grandfather’s brother became Mr. Urdank. When my great-grandfather arrived at Ellis Island with his wife and two of his (eventually six) daughters, the officials had a bit more trouble and listed him as Rudank. (PaperMommy tells me he would eventually change his name to “Grampa”.) Some time later, the third brother, Sam, arrived in the United States, with an accent even less easily parsed. With no other recourse, Ellis Island officials took broad license filling out the paperwork.

And this is how the three Urdang brothers became Urdank, Rudank and Bloom!

People change names all the time. Historically, it’s been the norm for women to take their husbands’ names when they marry. Nowadays, couples blend names after their unions or domestic partnerships, such that Spouse Onename and Spouse Othername jointly take the surname Onename-Othername (or Othername-Onename), or invent new last names altogether.

Children of the Age of Aquarius have opted to change first names from Moonbeam to Madison or Generosity to George. Some just want to separate from the past (bad parents, bad marriages, bad decisions) and change their full names.

NAME CHANGE RULES

Name changes are generally legally permissible as long as you aren’t changing for a fraudulent purpose, such as avoiding arrest or debts, or changing your name to that of a celebrity to profit off of his or her identity. Persons convicted of certain felonies may also be prohibited from changing their names.

You can’t select a name that includes numbers other than Roman numerals, so don’t get cute and insert a silent 7 in the middle of your new name. Each state has its own regulations, so rules vary. The Minnesota Supreme Court refused to allow a Mr. Dengler to change his name to 1069, but stated that Ten Sixty-Nine would be allowable. And though you generally can’t change your name to include a profanity or racial slur, there’s no prohibition on names in poor taste.

Some states, like California, allow one to simply by use the new name. However, in almost all cases, whether the new name is a result of court order, marriage, divorce, or adoption, legally changing one’s name is preferred, especially if you plan to travel or earn money.

THE LEGAL PROCESS

A legal change of name requires paperwork — accessing old VIPs (Very Important Papers), filling out forms, acquiring documentation heralding new identities and notifying everyone hither and yon.

Name Change By Court Order

If you’re changing your name for any reason other than a revised marital status, you’ll have to get a court order to do so. Different municipalities have different regulations — you may need to address a civil, probate or superior court — and fees will vary by jurisdiction. Contact an attorney or your county registrar to ascertain the specifics.

In general, however, the process will require some combination of the following procedures and documents:

–Complete a Petition for Name Change

–Submit a form for Court Order Granting Change of Name for the judge to sign

–File a legal backer form, authorizing notification of creditors re: name change

–Submit a notice of petition to the public. This involves publishing the intended name change in a number of periodicals in your community, usually in the classified sections of “penny saver” newspapers to save costs. Once you receive an affidavit that the ad(s) have been published, submit this to the court with the other forms.

–Acquire an Affidavit of Consent, if required. This may be needed if you are changing a minor child’s name to match the name of a new step-parent and newly-married parent.

–Send an Affidavit of Service of Notification to appropriate authorities. This is used if the person changing names is an alien resident, a former convict or an attorney.

Once all the essential forms are signed and notarized by the court clerk in your jurisdiction, make and safeguard copies and submit the originals for approval. A court hearing may be necessary to defend your reason for changing your name or to battle any objections raised by the notice of petition — if, for example, you owe a debt under the old name, or some party has a grievance regarding the name change.

Once approved, you will receive your Order Granting Change of Name, the court order which serves as legal proof of your name change. You’ll need this document (and likely your birth certificate or proof of former name) to make all other changes.

*Note: In some states, persons seeking a name change due to domestic violence have the right to have their records sealed. Speak with an attorney or a domestic violence agency to get more information regarding your state’s regulations.

Name Change By Marriage (or Divorce)

Getting married doesn’t, per se, legally change one’s name, though the process is smoother than seeking a court order. Do, however, decide in advance what you want your name to be. If your marriage license says Name Oldname Lastname but you intend to live as Name Oldname (hyphen) Lastname, you’ll need to get the license right before you can move forward.

Similarly, if you’ve divorced, your divorce degree will serve the same purpose as a certified marriage license if you intend to revert to the name you went by prior to your marriage.

NOTIFICATIONS

In this era of airline travel, you’re likely to be detained if your ticket says Mrs. Mary Newname and your passport still lists you as Ms. Mary Oldname, even if you bring your marriage license, invitation and catering bill up to the gate. So, book honeymoon travel in your old name, just to be safe. Once the honeymoon is over, though, it’s time to handle the paperwork.

Gather Proof

If you’ve gotten married, be sure you have official (certified) copies of your marriage license — with “bumpy” raised seals. The municipal office with whom you registered and filed for your license (i.e. in the community where you got married, not necessarily where you live) will likely provide you with one official copy as part of your licensing fee. You’ll need to contact that office for extras.

If you’ve filed with the court for a name change or have divorced, be sure to have certified copies of the court order or divorce decree. You’ll often need to show proof of your former name, so acquire official copies of your birth certificate, too.

Satisfy Uncle Sam First

Driver’s License — South Carolina and Wyoming expect you to change your driver’s license to reflect your new name within ten days of your wedding, and other states have similar, though less urgent, deadlines. (Apparently, you can gain 300 pounds, dye your hair platinum and switch to blue contact lenses without notifying the DMV, but start using your new name and boy, does the DMV get cranky!) Call or check your state’s web site for details and bring copies of your certified marriage license, divorce decree or court order.

Social Security Card — Contact the Social Security Administration at 800-772-1213, and don’t fall for any emails or junk mail promising to get you a new card for a fee. The Social Security Administration doesn’t charge for new cards due to name charges. (Heck, you get 10 free replacement cards in a lifetime!) Follow the prompts and the automated system will walk you through the steps for filling out an SS-5 and getting a new card. Alternatively, you can follow the instructions on the Social Security Administration’s web site. You’ll have to fill out the application and provide official copies of documents proving your legal name change, your identity and either your U.S. citizenship or immigration status.

*Note: If you immediately move to a new state after marrying (or otherwise changing your name), the Patriot Act requires that you change the name on your Social Security card BEFORE you acquire a new driver’s license.

Passport — The U.S. Department of State has different requirements for issuing passports reflecting name changes, depending on whether one’s last passport was issued within the last year or earlier, and whether you have documentation to prove (via marriage license or court order) your name change. Review the linked page and follow the steps to determine if you can submit your documentation by mail or must apply in person, and whether there are fees associated with your situation.

Voter Registration Card — Go to DeclareYourself.org, click on “Register to Vote”, fill out the initial screen and after you click “continue”, click the box where it says:

“I have registered to vote before, but:
_This application is for a change of name.”

and proceed with the form. Of course, you can also pick up a voter registration form at your public library or Department of Motor Vehicles.

Tell Everyone Else

Next, you’ll want to notify all of the following entities. To save time filling out forms, you might want to consider acquiring a uniform name change form, such as Nolo’s Declaration of Legal Name Change. Then notify:

  • The Post Office — You aren’t required to do this, but you’ll be getting mail in your old name and new name for a while, so make sure your box lists both or that your post office knows about the new identity. (Don’t trust that your postal carrier knows you well enough to field errant mailings. Your carrier takes vacations, holidays and sick days, and you don’t want to risk important mail going missing.)
  • Insurance companies — Update your health insurance policy and cards first, then automobile, homeowners, etc.
  • Your employer(s) and/or the Payroll or Human Resources departments
  • Banks — Order checks and deposit slips bearing your new name.
  • Brokerage houses where you hold investment or retirement accounts — You may wish to have those who previously listed you as a beneficiary update their records, as well.
  • Credit card companies
  • Utilities and other essential services
  • Other companies with which you have accounts, particular those you pay or which pay you (such as affiliate marketing companies)
  • State or other licensing agencies for operation/ownership of firearms, boats, planes
  • Internal Revenue Service and your state and local tax authorities
  • Veteran’s Administration
  • Professional licensing or certification entities
  • Other entities with regard to legal documents including wills, health care proxies, mortgages, leases, trusts, Power of Attorney documents, etc.
  • Friends and associates (so they know how to address you)
  • Doctors, dentists, therapists and other health professionals
  • College alumni associations
  • Clubs, gyms, and other memberships

Also, periodically, check your credit report at AnnualCreditReport.com to make sure nobody has fraudulently opened accounts in your old name.

If the thought of doing this all on your own gives you a headache and writer’s cramp, help is available.

I’mAMrs, originally a Canadian service that now serves the U.S., Australia, the UK and South Africa, has an appealing approach for new brides (and grooms). A $29.95 standard package includes forms for updating your passport, Social Security card, voter registration card and driver’s license. The premium package at $49.95 provides unlimited access to a database of forms for notifying financial institutions, retailers, utilities, lenders, insurers, publications, medical professionals and more.

Fill in your essential information just once, select the forms you wish to use, and I’mAMrs will auto-complete each form. Proofread, stuff the envelopes, stamp and mail off your documents. If an organization doesn’t have an official name change form, I’mAMrs will create a personal notification letter and advise you on how to proceed.

I’mAMrs notes that its packages work equally well for same-sex couples, and Paper Doll can’t imagine why it wouldn’t be suitable for those changing their names for reasons other than matrimony.

Name That Bride offers a free online kit, including forms and checklists to help brides and grooms with the name change process. Name That Bride will also mail you a kit of forms for $20, if you’re unable to download or print forms.

Readers, when I become Mrs. Paper Doll-Clooney, you’ll be the first to know.

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