Anyone know where I can info on the legalities of Changing Your Last Name?
And if it matters (it probably does) I was born in California.
Thanks for the knowledge…
Check the Family Code for your state. The laws regarding name changes are usually in there. In my state, it’s in the Texas Family Code, § 45.001 et seq. Or, head to your county clerk’s office and ask them; they’ll most likely have the forms and such that you’ll need, and tell you where you need to go and who to talk to.
I was astonished the last time I asked for a birth certificate. Since the name I use (and have used all my life) is not the name on my birth certificate, I asked for the birth certificate under my birth name. Well, the great Commonwealth of Pennsylvania sent back a letter saying that if I could send them photocopies of evidence that I had used this name for at least ten years, they would issue a birth certificate in the new name. So I photocopied my 40 year old college diplomas, a couple of old as well as the current passport (which was especially convincing since it listed date and place of birth) and now have a birth certificate in my new name. Since my brother had paid a lawyer several hundreds of dollars to get a judge to change his name, he was astonished and jealous. So I have to all intents gotten a legal name change at no charge (except the cost of the certificate, which was under $10). BTW, getting a passport in that name back in the 60s was also easy; just an affidavit was needed. I am not sure it would be so easy today.
So ask your state dept of vital stats if you can just get a different birth certificate. It just might work.
If you are in California the cheapest and easiest way to get your name changed is to go up to Washington.
I’ve had a couple friends do this.
It’s painless and costs about 70 bucks.
Important: Do not rely on the following as valid law for your jurisdiction; statutes will vary. See the last paragraph for explanation.
It’s my understanding that at common law, you may adopt and use whatever name you prefer, with no formal legal steps required, so long as there is no intent to defraud. (I.e., you cannot run up bills as Tom Smith, then decide you prefer T. Frank Smythe, and refuse to pay “Tom Smith”'s bills since you no longer answer to that name. Nor can you marry under one name, separate but not divorce, and then adopt another name and remarry under it.)
Running a legal advertisement satisfies, according to this concept, any necessity of giving public notice of your change of name. Going to court and having a judge ratify your change of name is valuable only to the extent that it establishes by a legal record that you are indeed the person identified by your birth name on your birth certificate, the one named by rich Uncle Harry as his heir in a will written when you were eight, etc.
The caveat to this is that common law applies in 49 states, but only when the Legislature has not superseded it by statute. Hence it’s important to contact a lawyer licensed to practice in your own state to find out what the scoop is. (Many lawyers will offer a free initial consultation, which may be all you need, and may charge minimal fees to produce any neessary paperwork.)
I’m pretty sure that in California changing your name is fairly simple; it certainly doesn’t require a legal proceeding, at least not usually. The general rule, I believe, is that you just start calling yourself anything you want–so long as you are not attempting thereby to commit fraud. This is, at least, how it used to be; I suppose after 9/11 public agencies such as DSS and DMV haven’t tightened up a bit, and they might demand a little demonstration of your good faith. Geez, I sure hope doesn’t require a court proceeding now.
Altho at C/L you can use any name you want so long as you don’t intend to defraud anyone, it would be wise to get a court order changing your name. This is easily done and your new name will then be a matter of record.
California uses the CL: