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January 2007
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What if you want to change your name?

Muhammad Ali did it. So did Whoopi Goldberg and Woody Allen. They all legally changed their names. While marriage and divorce are the usual motivations for a name change, there are other reasons to do it: adoption, a sex change, religious grounds, assuming a stage name, reclaiming an old family name, Americanizing a name, or because your parents named you Sunshine and you want to be Susan.

The good news is that as long as you're not trying to hide your identity from creditors or law enforcement, changing your name is a fairly simple procedure, says attorney Richard Granat, owner of NameChangeLaw.com, a Web site that sells name-change forms and document preparation services. It's even simpler if marriage or divorce prompts your name change; no additional court proceedings are required in most cases. But once you're sporting your new moniker, be prepared for the avalanche of paperwork you'll need to work through to establish your new identity.


Get the proper forms

While it would be nice, there's no universal name-change form. Most states have slightly different paperwork and procedures. In many states, the forms differ from county to county. But all require that you pay a filing fee (from $13 to $230) and obtain a court order, and most require that you publish a legal notice announcing your name change.

Many states now post name-change forms online, so your first step should be to do an Internet search for your state and "courts" (for example, Utah + courts). See if there's a self-help section with printable name-change forms. If your state hasn't gone high-tech, call or stop by your local county courthouse for the proper paperwork. Double-check residency requirements. Some states, like Utah, demand that you live in the county where you plan to file the name-change petition for at least one year before filing.

John Ammann, a professor at St. Louis University's law school, says that a name change isn't complicated. Still, he advises people to seek the advice of an attorney, especially if they're concerned about legal challenges. "A lawyer can navigate the court system for you, help notify the right people," he says, adding that the fee is usually "less than $200."


Publish or perish

Forms in hand? Read the instructions carefully and follow them to the letter, advises Emily Doskow, co-author of "How to Change Your Name in California" (Nolo, 2006). "You'll need to fill out your old name, your new name, and the reason you want the name change on the basic petition," she says.

Several states, including Colorado, Michigan, Minnesota, Pennsylvania, and Texas, require fingerprinting, background checks, or both before any name change is granted. For instance, in Colorado you must agree to a fingerprint-based criminal-history check within 90 days of filing the petition.

In most states, your next step is to publish notice of your name-change petition in a "newspaper of general circulation." That means you have to run a legal notice in your local newspaper. Depending on the state, you'll need to prove that you took this step by providing tear sheets of the notice or having the newspaper send a proof-of-publication statement to the court.

Once your paperwork and background checks are completed and your legal notices are published, it's time to file with the court, pay any court fees, and schedule a hearing on your order. "If the judge agrees that your name change isn't detrimental to anyone else, you're in," says Ammann.


The essentials: Driver's license, social security card, passport

So you've successfully changed your name. Congratulations! Now comes the time-consuming part: You need to notify everyplace where your name officially appears that you have made the change, starting with federal and state government agencies.

Ammann suggests that on the day you receive your court order, you ask the clerk for half a dozen certified copies of the name-change decree. You'll need this official paperwork to prove the legality of your name change to certain government agencies. Certified copies either have a raised seal or the seal printed in blue or purple ink. Expect to pay about $10 per certified copy, and always keep one within easy access.

First stop: Your local Department of Motor Vehicles for a new driver's license. Then you'll need to get a new Social Security card. Stop by your local Social Security office and ask for Form SS-5, or request a copy by calling the Social Security Administration at 800-772-1213. Or you can download the form at www.ssa.gov.

You also need to change your passport. Download form DS-5504 or DS-82 (depending on when your current passport was issued) from the U.S. Department of State (www.travel.state.gov) or contact the National Passport Information Center toll-free at 877-487-2778. You'll have to send in your old passport along with a certified copy of your name-change order.


But wait, there's more!

Now you need to contact every other entity you do business with to determine what type of documentation it requires to make your name change official in its records. Some organizations will insist on keeping one of those certified court orders. Others will let you present the court order in person but won't keep it. Still others will change their records if you simply flash your new driver's license or Social Security card.

Tell your employer of the change so paychecks, withholding, and W-2 forms can be issued in your new name. You don't have to contact the Internal Revenue Service separately; just file your next tax return using the new name. But you may have to notify your state department of revenue, so check with that office. Go to your bank in person. You may need to re-sign signature cards for your accounts or safe-deposit box. Make sure the name change is recorded on all your accounts, including loans, IRAs, passbooks, checks, and ATM cards.

Notify credit-card companies and request new cards. Re-register to vote. Inform your insurance carriers for home, auto, life, and health policies. Do you expect to inherit anything, or do you have a will? Those documents need to reflect your new name. So do brokerage accounts, stocks and bonds, mutual funds, or other financial holdings. Other possibilities: car registration, deeds or mortgages, medical providers, colleges and alumni associations, county tax assessor, frequent-flyer programs, state licensing boards, schools (if you have children), and utilities-telephone, electricity, gas, water, cable TV, and Internet.

Don't be surprised if the name-change ball keeps rolling for a year or two. "Make sure you keep documents that prove your original name so you have a paper trail if needed," says Doskow. Ammann offers another tip: For 12 to 24 months, consider signing important documents such as contracts, deeds, employment applications, and tax returns with both your new and former name-for example, "Jane Doe, formerly known as Jan Smith."


Considerations for kids

While changing your own name is usually straightforward, changing a child's name is another matter. The steps outlined above are typically the same but with a catch: Both parents must agree on the change. When only one parent wants to change a child's name, state law mandates that the other be notified in advance. The court requires the petitioning parent to serve court papers on the other parent or explain why that isn't possible. And the petitioner will have to show that a real effort was made to find the child's other parent.

If the other parent agrees to the change in writing (or ignores the matter altogether), odds are the court will approve the name change. But if your estranged spouse or partner objects, you might have a fight on your hands. In such cases the court will only grant the name change if it is "in the best interests of the child." Because of potential complications, consider hiring an attorney if you're planning to change a child's name. One final point: Changing a child's name does not affect paternity, visitation rights, or child support.