Cecily Zamora
Changing your name is a complex process that varies depending on your jurisdiction. In the United States, a legal name change can be obtained through a court order, and any US citizen has the right to change their name through either common law or court procedure. While a name change at will or by common law is legal under the US Constitution, a legal name change through your local county court system is required to make the name change official. Each state has its own requirements for common-law marriages and name changes, and some states require a formal notice before using a new name. In Canada, all provinces except Quebec recognize common-law name changes, while in Belgium, a name is considered fixed for life, but a person may apply to the Ministry of Justice for a name change under exceptional circumstances.
Characteristics of changing your name under common law
| Characteristics | Values |
|---|---|
| Is it legal? | Yes, a name change at will or by "common law" is legal under the US Constitution. |
| Requirements | The requirements vary depending on the state or country. In the US, a court order is required for a legal name change. Some states require a formal notice in the local newspaper before using a new name. |
| Official recognition | To make the name change official, one must obtain legal permission through their local county court system. |
| Government-issued ID | A legal name change does not automatically update government-issued IDs or accounts that depend on them. A court order may be required for these changes. |
| Name usage | In most states, a name change can be done simply by usage, i.e., choosing a name and using it in social settings, on social media, and in business. |
| Paperwork | Paperwork is required to notify each agency of the name change. |
| Fees | There may be fees associated with the name change process, depending on the jurisdiction. |
| Timeframe | Obtaining a name change order through a court can take a few weeks or months. |
| Pseudonyms | The use of pseudonyms is protected under case law pursuant to the United States Constitution. |
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What You'll Learn
Marriage and divorce
In the US, the right to change your name after marriage is based on case law (also known as "common law"), rather than statute. The process of changing your name through marriage or divorce can vary between states.
In most states, you can change your name when you apply for your divorce decree. If your request is approved, the court will order the name change when issuing the final divorce decree. This process only allows you to revert to your pre-marriage name. If you want to adopt a different name, you may need to apply for a separate court order.
In Texas, there is no law about changing your name after an informal (common law) marriage. To change your name on a Texas driver's license or ID, you'll need to provide a marriage license or a marriage verification letter from the Texas Department of State Health Services (DSHS). If you have filed a declaration of informal marriage with the county clerk, the DSHS may be able to issue a marriage verification letter. However, this is not considered legal proof of a marriage, and other institutions may have different policies about what documents they accept.
After a marriage, you can take your spouse's last name without applying for a court order. Most organizations in the US will accept a completed marriage license as legal proof of the name change, even if the license lists your old name. However, this only applies to certain types of name changes. For instance, in Texas, you can only change your last name to your spouse's last name and your middle name to your maiden name (referred to as a "birth surname"), or add your spouse's last name to your maiden name in hyphenated form. For other types of name changes, such as changing your first name or adopting a merged name, you may need a court-ordered name change.
It's important to note that changing your legal name does not automatically update your birth certificate, driver's license, Social Security card, or other records. You must update these documents individually, usually by providing evidence of the legal name change. Notify the Social Security Administration (SSA) early, as other agencies learn of name changes through them. Also, ensure that every name on your tax return matches the SSA records.
Not all US states recognize common law marriages. The following states fully recognize them:
- Colorado
- Iowa
- Rhode Island
The following states recognize common law marriages before a certain date:
- Alabama
- Idaho
- Indiana
The following states recognize common law marriages in some form or another:
- District of Columbia
- Georgia
- Kansas
- Montana
- New Hampshire
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- Texas
- Utah
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Common law marriage
A common-law marriage, also known as a non-ceremonial marriage, is a marriage that occurs outside of a formal or legally defined process. It is based on the couple's agreement to consider themselves married, followed by cohabitation and holding themselves out to the world as a married couple. Not all jurisdictions permit or recognise common-law marriages, and the requirements for what constitutes a common-law marriage vary.
In the United States, common-law marriage has existed since the colonial era when America was a colony of England. Today, common-law marriage is recognised in some form in more than half of US states, including Alabama, Colorado, the District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. Each state has its own requirements, and some states, like California, have specific regulations for common-law and court-decreed name changes. While some states require a period of cohabitation, there is no standard amount of time, and the court considers each case individually.
In Canada, while some provinces may grant couples in marriage-like relationships certain rights and responsibilities, they are not legally considered married. They may be defined as "unmarried spouses" and treated similarly to married spouses for specific purposes, such as taxes and financial claims. All Canadian provinces except Quebec recognise common-law name changes based on "general usage," even without government registration or a court order. However, a formal process may still be necessary to update government-issued IDs or accounts linked to those IDs.
Historically, common-law marriages were ended in England and Wales by the Clandestine Marriages Act of 1753, which required marriages to be performed by the Church of England. However, this did not apply to the American colonies, where common-law marriage survived and is still recognised in certain states today.
Regarding name changes in a common-law marriage, there is no standard process due to the lack of a formal ceremony and marriage certificate. While federal courts in the US recognise the legality of name changes under common law, making the change ""official" may require additional steps, such as obtaining legal permission through the local county court system. Once an individual has legal permission to change their name, they can notify relevant agencies and submit the necessary paperwork.
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Court orders
In the United States, the process for changing one's name through a court order may vary from state to state. For instance, in California, individuals are required to file papers in court and pay a filing fee, which can be waived if the individual cannot afford it. The specific forms to be filled out will depend on the situation and the reason for the name change. Once the forms are submitted, they must be published in a newspaper for one month, incurring an additional fee. A judge will then review the request and make a decision. If the judge approves the name change, they will provide a court order stating the new legal name. This court order is necessary for updating identity documents such as a driver's license, passport, or social security card.
In Texas, the process for changing one's name through a court order is outlined in the Texas Family Code Chapter 45. Adults can request to change their name for any reason, except for reasons against the public interest. The judge will consider both the applicant's interests and the public's interests when making a decision. The court filing fee in Texas typically ranges from $150 to $300, but this may vary depending on the county. Similar to California, individuals with low incomes can request a waiver of the filing fee by submitting the necessary form.
It is important to note that, in some cases, a court order may not be necessary for a name change. For example, after marriage, individuals can typically take their spouse's last name without needing a court order. Additionally, minor errors on a birth certificate, such as spelling mistakes, can often be corrected without a court order. However, for more complex cases, such as adoption or name changes due to personal reasons, consulting a lawyer can be beneficial to navigate the legal processes involved.
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Government approval
In the UK, you do not need to follow a legal process to start using a new name. However, you may need a 'deed poll' to update official documents such as your passport or driving licence. A deed poll is a legal document that proves a change of name.
To change your name by deed poll, you must be 18 or over. You can change any part of your name, add or remove names and hyphens, or change the spelling. You must have two witnesses present when you sign your deed poll form, and you must include payment for the fees. If you are married or in a civil partnership, you will need to include your spouse's written consent or a photocopy of your marriage or civil partnership certificate. If you are divorced or widowed, you will only need a deed poll if you wish to change to a new name. You do not need a deed poll if you want to return to using a former name.
If you are changing your name for a purpose other than marriage, adoption, change of gender, or as a result of needing protection as a vulnerable person, both your previous and new names may be checked against other data to prevent criminality, including police records and with other law enforcement organisations.
If you are changing your name after marriage or civil partnership, you can send a copy of your marriage or civil partnership certificate to record-holders, such as benefits offices, and your documents will be updated for free. If you got married outside the UK and your marriage or civil partnership certificate is not in English, you must send a verified translation of the certificate.
If you are changing the name of a child under 18, you can choose to make an unenrolled deed poll if you are 16 or 17. It costs £232 to apply for a court order for a child's name change.
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Name change forms
In the United States, every adult citizen has a constitutional right to change their name at will under the Fourteenth Amendment. The process for doing so, however, varies across states. While some states require only an acknowledgment that the name change is not for fraudulent purposes, others will not issue a court order if the new name is deemed to be unreasonably vulgar or frivolous.
To make a name change official, one must typically obtain a decree from their local court. This usually involves filling out a Petition for Change of Name form, which can be mailed or submitted online, depending on the state. The form must be accompanied by a valid and reasonable explanation for the name change, as well as a nominal fee. The court can reject the application if it suspects the applicant has fraudulent intent, such as impersonating a celebrity.
Once the petition is filed, the applicant will be issued a court date, usually within 4-6 weeks, during which they will present their reasons for the name change. Some states, like Florida, may require additional steps, such as submitting fingerprints for a criminal records check, which can slow down the process. After the court approves the name change, the applicant must notify various government agencies and institutions, including the Social Security Administration, the Bureau of Consular Affairs, banks, and insurance companies. Many of these agencies and institutions may require legal proof of the name change and may charge a fee for processing the change.
In Canada, all provinces except Quebec recognize common-law name changes, meaning changes by "general usage" without the need for government registration or a court order. However, a formal process may still be required to obtain government-issued IDs or to change the name on accounts linked to government IDs. Quebec has historically had stricter regulations regarding name changes, as evidenced by the case of transgender Quebecker Micheline Montreuil, who faced significant obstacles in legally changing her name due to her assigned gender at birth.
Other countries, such as Malaysia, South Africa, and New Zealand, have their own specific processes for legal name changes. For example, Malaysia and New Zealand require a statutory declaration to be signed, while South Africa regulates name changes through the Births and Deaths Registration Act, requiring individuals to submit a form to the Department of Home Affairs.
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Frequently asked questions
A common-law name change is when an individual assumes a new name without any formalities and for a non-fraudulent purpose. This is a legal name change, however, a court order may be required when dealing with government bodies or financial institutions.
To make your new name official, you will need to obtain a name change order through your local county court system. This will involve submitting the proper paperwork to the relevant agencies.
The requirements for a common-law name change vary depending on the jurisdiction. In most cases, you are free to choose any name as long as it is not for fraudulent purposes, such as impersonating a celebrity, or assuming a name that is the same as someone else's.
While it is not necessary to hire a lawyer to change your name, consulting one can help you understand your options and protect your rights. A family law attorney can also help you navigate the legal process and ensure you are following the correct procedures.
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