How to Change a Name Legally While Separated

Filing for a name change while separated necessitates a court order.

During a divorce case you have the ability to restore your maiden name. However, a legal separation proceeding does not provide you with the same opportunity. Nonetheless, another procedure permits you the ability to change your name legally while separated. Although the laws in this regard vary slightly from state to state, the legal process to change your name while separated basically is the same across the country.

Instructions

1. Obtain a sample or form petition for name change from the clerk of the court. A motion for name change is filed in either the probate or family court in most jurisdictions in the country. The clerk of the court can guide you to the correct division to pursue your name change case.

2. Complete the petition for name change. You need to include your current name, the name you desire (noting it is your maiden name if that is the case) and that you are not seeking a name change to avoid debts or criminal prosecution.

3. File the petition for name change with the clerk of the court.

4. Ask the clerk of the court to provide you with the amount of time that needs to pass from filing to the date the court will grant an order approving your name change. The average timeframe is about 30 to 45 days.

5. Obtain a sample legal notice of name change to be published in your local newspaper. The laws in all states require the publication of a proposed name change.

6. Complete a legal notice setting for the basic information about your name change, following the sample provided by the clerk of the court.

7. Publish the legal notice in the local newspaper. Typically for a name change, you need to publish the notice one time about a month before the judge issues an order granting your name change. The notice is designed to give a creditor or any other interested person a chance to object to the name change if they so desire.

8. Request an affidavit of publication from the newspaper. The affidavit of publication verifies that the legal notice was placed in the newspaper

9. File the affidavit of publication with the clerk of the court.

10. Request an order from the judge assigned your case approving your name change.

Tips & Warnings

• Although not the most complicated of legal procedures, the name change process does require a number of steps. Therefore, you may want to consider hiring an attorney to assist you in a name change case. Although these organizations cannot make specific referrals, both the state and local bar associations maintain directories of attorneys in different practice areas. Contact information for these organizations is available from the American Bar Association.

References

• New York Courts: Name Change Forms and Requirements
• A Treatise on the Law Concerning Names and Changes of Name"; Arthur Charles Fox-Davies; 2009

Resources

• New Last Name: Name Change Law--State by State
• American Bar Association: Directory of State and Local Bar Associations