How To Get a Legal Name Change in New York State

It's easy to change your name in New York

In the State of New York, any person over the age of 18 can legally change his name, as long as the change is not for fraudulent purposes. In most cases, the process involves petitioning the New York Supreme Court and awaiting their judgment. There are, however, a few circumstances under which you may change your name without going to court. For example, if you are getting married and want to adopt the last name of your spouse, you may simply request your new last name to be put on your marriage license. Nonetheless, changing your name in this manner might cause some problems when you travel, as you will need a court-approved name change to alter your passport.

Instructions

1. Obtain court forms for name change. To change your name you will need the following four forms: Name Change Petition, Name Change Order, Request for Judicial Intervention, and Index Number Application. You can obtain these forms online at www.nycourts.gov (see Resources), or from your local County Clerk's office.

2. Complete the Name Change Petition form. The form requires you to give your current name, address, birth date, and the name you would like to adopt. You will also have to affirm that you are a citizen of the United States, that you have never been bankrupt, and that there are no outstanding liens and judgments against you. If you have been convicted of a crime, you must alert the court to that fact and explain the circumstances. If you are paying alimony or child support, the court must be notified of that as well.

3. Gather relevant documentation. Along with your petitions, you must submit a certified copy of your birth certificate. These are available from New York's Department of Health. A certified birth certificate has a raised seal and is signed.

4. Submit court forms and documents to the County Clerk. When you submit the forms, you will be required to pay a filing fee. The clerk will give you an index number that you should write on the corner of your Name Change Petition and Name Change Order.

5. Await the court's ruling. According to Legal Assistance of Western New York, the review process of the petition takes between 2 to 3 weeks. Eventually, you should receive in the mail, your court order approving your name change, or a rejection of the petition.

6. File the court order with the County Clerk. When you receive the court order, you must return to the county clerk to file the order.

7. Publish your new name in the local newspapers. In addition to publishing your new name, you must provide your case index number, date and place of birth, and address of the County Clerk's office where the name change order can be viewed. You can view a sample notice publication at www.nycourts.gov (see Resources).

8. Obtain an "Affidavit of Publication." Once your name change has been published, you should return to the county clerk to complete an Affidavit of Publication to prove that you have published your new name change. After this is filed, your name change is complete.

References

• Legal Assistance of Western New York: How to Change your Name
• Name Change Law: New York State

Resources

• New York Courts: Name Change