Changing Your Last Name

A Guide to Legally Changing Your Surname

Why People Change Their Last Name

People change their surnames for many reasons. The most common include:

• Marriage: Taking a spouse's surname remains the most frequent reason for last name changes
• Divorce: Reverting to a maiden name or previous surname after a marriage ends
• Personal preference: Simply disliking your current surname or wanting something different
• Family reasons: Adopting a stepparent's name, honoring a relative, or distancing from estranged family
• Cultural identity: Reclaiming an ancestral name or adopting one that reflects your heritage
• Difficult spelling or pronunciation: Simplifying a name that causes constant confusion
• Professional reasons: Formalizing a name you've used in your career

You do not need an elaborate justification to change your last name. Courts routinely approve name changes for people who simply prefer a different surname, as long as the change is not for fraudulent purposes.

Two Ways to Change Your Last Name

The Common Law Method

Under common law, you can change your name simply by choosing a new one and using it consistently and exclusively. No court order, paperwork, or fees are required. You simply begin introducing yourself by your new name, sign documents with it, and over time it becomes your legal name through usage.

However, this method has serious practical limitations. Most government agencies, banks, and other institutions will not update their records without official documentation such as a court order or marriage certificate. Without these documents, you may find yourself stuck with your old name on your driver's license, passport, Social Security card, and financial accounts--even as you use your new name socially.

For this reason, the common law method works best for informal contexts. If you want your new surname recognized on official documents, a court-ordered name change is the way to go.

The Court-Ordered Method

A court-ordered name change involves filing a petition with your local court and having a judge officially approve your new name. This order then serves as legal proof of your name change, allowing you to update all your records and identification.

While procedures vary by state and county, the general process follows these steps:

1. Obtain the required forms: Contact your local courthouse or visit their website to get the name change petition and any other required documents.
2. Complete and file the petition: Fill out the paperwork with your current name, desired new name, and reason for the change. File it with the court clerk and pay the filing fee (typically $100-$400, depending on your location).
3. Publish notice (if required): Many states require you to publish your intended name change in a local newspaper for a specified period, usually several weeks. This public notice requirement can often be waived for safety concerns.
4. Attend a court hearing: Appear before a judge who will review your petition and ask basic questions. If everything is in order and no objections have been filed, the hearing is typically brief.
5. Receive your decree: If the judge approves your petition, you'll receive a court order officially changing your name. Request multiple certified copies.

Special Circumstances

Changing Your Name After Marriage

If you're changing your last name due to marriage, the process is much simpler. Your marriage certificate serves as legal documentation of your new name--no court petition required. Simply use the certificate to update your Social Security card, driver's license, passport, and other records.

Changing Your Name After Divorce

If you want to revert to your maiden name after divorce, you can often include this request in your divorce proceedings. The divorce decree will then serve as your legal documentation for the name change. If your decree doesn't address your name, or if you decide to change it later, you'll need to file a separate court petition.

After the Court Order: Updating Your Records

Once you have your court decree, use it to update your name in this order:

1. Social Security Administration: Update this first, as other agencies verify against SSA records
2. Driver's license/State ID: Visit your DMV with your court order and new Social Security card
3. Passport: Submit an application with your court order and current passport
4. Everything else: Banks, credit cards, employer, insurance, utilities, subscriptions, etc.

Do You Need a Lawyer?

For a straightforward surname change, you generally do not need an attorney. The paperwork is manageable for most people, and court clerks can often answer procedural questions. However, hiring a lawyer may be worthwhile if:

• You have a complicated situation (such as a criminal record that may affect eligibility)
• You're changing a minor child's name and the other parent objects
• You simply prefer to have someone else handle the paperwork
• Your time is more valuable than the attorney's fee

Expect to pay $200-$500 for legal assistance with a simple name change, in addition to court filing fees.

Restrictions on Last Name Changes

Courts will not approve name changes intended to:

• Defraud creditors or evade debts
• Escape criminal prosecution
• Impersonate a famous person
• Include obscene, threatening, or offensive terms

Beyond these restrictions, you have broad freedom to choose your new surname. Unusual names, names from other cultures, and unconventional spellings are generally permitted.

Conclusion

Changing your last name is a straightforward legal process that most people can complete without professional help. While the common law method technically allows you to adopt a new name through usage alone, a court-ordered change provides the documentation needed to update your official records. Research your state's specific requirements, gather your documents, file your petition, and within a few months your new surname can be official.