About Name Changes
U.S. federal courts have held that anyone can change their name at will. Realistically, though, it usually takes an official court order before government agencies, banks and title companies will accept anything but a birth name. Most name changes occur as a result of marriage or divorce, but a substantial number of people also change their names for reasons of personal preference, sometimes to rather unusual choices. A legal procedure does exist for recognizing a name change, but it also places some minimal restrictions on the names that can be chosen.
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The Facts
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Common usage name changes typically reflect the adoption of a nickname similar to the birth name. Thus, someone named Joseph can open a bank account under the name Joe with minimal difficulty, simply through common usage. Aliases and assumed names are other examples of common usage name changes. A more dramatic name change, or one seeking wider recognition will, to be effective, need to be greatly supported by legal verification.
Benefits
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Changing a family name at the time of marriage is a common tradition for women, and having a legal avenue to effect this change quickly and effectively makes marriage a more equitable process. The ability to change one's name at will is an iconic part of American freedom based in the equal protection clauses of the Fourteenth Amendment. The ability to change one's name for business purposes, as in the case of many famous entertainers, also underscores the values of a democratic, capitalist America.
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Features
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The process of a legal name change involves several official documents. A petition for change of name must be filed with the local court, usually describing the reason for the change, along with supporting documentation such as a birth certificate or marriage license. If approved, a judge will return an order granting the change of name. If the name change is not motivated by a marriage or divorce, the court may require an advertisement of the change in a local newspaper and a corresponding notice of petition to the public. Further documents are also necessary to change the name of an alien, felon or minor child.
Type
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Legal recognition of a name change is always at the discretion of a judge, who will apply certain guidelines in evaluating the change. A name cannot be chosen with fraudulent intent, to avoid paying debts or prevent other liability. A new name cannot interfere with the rights of others, particularly famous people. Intentionally confusing names, such as those using numbers or punctuation marks, cannot be chosen. Racial slurs or other "fighting words" likely to incite violence will not be approved by a judge
Risk Factors
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The process of changing your name extends beyond the legal recognition of the name to notifying the various agencies and businesses that will require proof of the name change. In some cases this may be time sensitive. Delay in notifying the Social Security office, passport office, post office, the department of motor vehicles, and the supervisor of elections' office can have adverse consequences. Additionally the new name must be registered with other institutions such as your employer, bank, doctor, mortgage, insurance and credit card companies. in a timely manner.
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