A lawyer for a name change is a professional who assists in legally altering your identity, ensuring your rights to identity protection. You can, for instance, decide on the name you want to go by and legally alter your name.
Application Process with the Aid of a Lawyer for a Name Change
Creating petitions for a name change can be a straightforward procedure for a family law expert. However, it does need to ask the client who wants to change their name for information. You must disclose any information that the courts should take into account when deciding whether to grant you a new name, such as whether you have ever been convicted of a crime.
In order to do this, you may need to inform the courts about issues like bankruptcy and civil judgments rendered against you and your last name. In addition, the courts will want to know if you owe any spousal or child support (alimony or maintenance).
An application and a small fee must be submitted in civil court for a person to change their name. The applicant must provide justification for changing the name. The courts will usually allow your request if changing your name or the name of your child won't cause harm to anybody else or be deceptive.
The courts must decide whether a name change for an adult will be detrimental to creditors or other members of the public. If neither parent agrees to the name change and no valid argument has been made against it, the court will decide what is best for the kid.
Types of Legal Name Changes
Here are a few reasons why people change their names and what the requirements are for them:
Marriage Name Change
In a family court, name changes are routinely handled. They frequently accompany divorces since it is only during a divorce that you can legally return to your maiden or previous name.
One of the following documents should be presented to your county DPS if the name change is connected to marriage:
- Marriage certificate
- Divorce decree: During the divorce process, one of the parties may ask the court to alter the final divorce decree's name to a previous one.
- Death certificate of your spouse
Adult Name Change
Adults who want to alter their names can submit a petition in their home county. The name change will be approved if the court decides it is in the person's and the public's best interests.
One of the following documents should be presented to your county DPS if the name change is not related to marriage:
- Official court document
- Modified birth certificate
The following justifications prevent a name change from being approved:
- False intention (name change to avoid the law or creditors)
- To violate another person's rights (by assuming that person's identity)
- If your name would purposefully cause confusion or sound offensive to people of color
Minor Child Name Change
Changing a child's name can be difficult, so we advise hiring a lawyer to guide you through it.
Who may request a name change for a minor child:
- In the county where the minor resides, a parent, guardian, or managing conservator may submit a name change application.
- A notice of the name change must be served on each parent, guardian, and managing conservator if they do not consent to the name change.
Changing a child's name:
- After submitting the required paperwork to the court, a hearing date must be set. The judge will review the submitted paperwork and any competing interests at the hearing (length of time a name has been used, parent-child relationship, etc.). The court will then approve the name change if it is in the minor's best interests.
- Once the name change court order has been approved, you can use it to update your social security card, birth certificate, and Texas identity card.
Changing Your Name Out of Personal Preference
In order to legally change your name for reasons other than those mentioned above, you must often file a petition with the court. You might desire a fresh start if you never felt comfortable using your old name. The court will enter a decree with your new name if your petition is granted. Be aware, though, that there can be some limitations on the name you can change to, including:
- Changing your name with false intent, such as to evade creditors or arrest;
- Changing one's name to that of a renowned person with the purpose of deceiving;
- Changing your name to a confusing one that is against state law, such as a name with numbers;
- Changing your name to include a racial slur or "fighting words" (state law defines these as expressions that are threatening, offensive, or incite violence);
- If the name you've chosen doesn't fit into one of the categories mentioned above, you should double-check the change's legality with an attorney.
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Why You Should Hire a Lawyer for a Name Change
The process of filing a petition to have your name legally changed can seem complicated. To acquire the skills necessary to represent their clients in court effectively, lawyers enroll in specialized courses over a long period of time.
A name change may impact your personal credit cards and important legal documents like your birth certificate or passport. Even though you can finish the procedure on your own and not all states demand that you submit a name change petition to the court, you might want to consult a local family lawyer just in case.
A law professional can guarantee that you contact all relevant government offices and analyze local name change rules and procedures. They can also review any petition paperwork you prepare before submitting it to the court.
A lawyer can also establish whether you will be subject to any limitations because of the new name you have decided on. If a court has previously ruled against you changing your name, you might need to retain a lawyer for additional legal counsel for further procedure.
Key Terms for a Name Change Lawyer
Here are a few key terms related to name change that you should be aware of:
- Affidavit : A sworn, written, or printed statement
- Petition: The paperwork that starts the name-change process includes the person's fundamental information, such as name, address, the case's filing chapter, and an estimated breakdown of assets and liabilities
Final Thoughts on a Name Change Lawyer
Any individual may alter their name by adhering to the guidelines set forth by the court. If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can click here to get started. By comparing multiple proposals for free, you can save time and stress by finding a quality lawyer for your business needs.
