What Are the Legal Requirements for a Name Change?
People change names for a variety of reasons, such as marriage, divorce or adoption. The process is a basic legal act--distinct to each state--that requires filing forms. The procedures also differs depending on whether the legal jurisdiction is civil law or common law. However, all name changes have the following requirements.
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Marriage
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Brides do not have to change their name when they say "I do," but many choose to do so. All they have to do to legally change their names is to indicate their wishes when they apply for a marriage certificate. When the certificate is signed and filed at the time of marriage, the name is automatically changed.
Divorce
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If a woman wishes to change her name back to her maiden name after a divorce, she has to indicate so in her Final Divorce Decree. When the Decree is filed, the name change is usually automatically accepted, but sometimes she will have to go before a judge and state that she does indeed want to change her name.
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Adoption
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When the final papers for adoption are filed, the adopting parents and child must include in the documents that they wish to change the child's last name with the adoption. At the final hearing, the judge will rule on the name change.
Minors
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All name changes for minors require a court order. The court may or may not require a formal hearing, depending on the circumstances surrounding the name change.
Changing a Name
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For those who just want to change their names, they only have to file simple forms with their local courts. Most of these forms can be found online or in the local district clerk's office (see Resources).
Restrictions
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Name restrictions vary from state to state, but generally all states forbid changing a person's name for fraudulent purposes, such as avoiding creditors. The name also cannot match a celebrity's name (complete first, middle and last name) or be an obscene word.
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