Thursday, 9 June 2011

How to Legally Change Your Last Name

Richard Castle, Master of the Macabre, in his younger years had changed his last name from Rodger to Castle, and his middle name from Alexander to Edgar. Point is that it can be done, with a very simple procedure which can be a bit time consuming. The Laws and Constitution of United States grants its citizens the right to do so and willfully change their last names, save a few cases. The judicial system in the Untied States being Federal in nature takes into consideration two laws, namely, the Federal laws which are appliance to all states and the individual state laws. If you are asking, how to legally change your last name, well then, the procedure usually goes as follows. Again let me remind you to check the detailed procedure which is applicable for your state as such procedures differ from one state to another. Here's how you can go about it.

Research and Starting Up

Firstly you will need to visit three places in order to get the process moving. One, your lawyer, two the county court and three a notary public. At the county court, inquire about the procedure and get the forms that are required for the process. There are a lot of forms and applications, a bunch of which would be handed to you at the court. Apart from that you will also have to get a list of documents which you would require to produce during the process. Next off meet up with the notary and apply for the attestation of forms documents and also the preparation of affidavits. After you are done, meet your lawyer and check whether the new name that you want is suitable and valid, by law there are several words which cannot be adopted as names.

Applying and Petitioning

Next you will have to file a 'Petition to Change Name' form with the court with the help of which the process of changing your last name legally starts up. This petition is basically an application to the court and you will have to file some notarized/attested identity proofs with the court in order to establish the truth of your current name and also your identity details such as address, job profile, relatives, etc. In some cases, you will also need to affix an attachment to petition, for further details. Please note that the petition form would require you to disclose some details such as bankruptcy records, debts and criminal records or even illegitimate off springs and divorces. Please do so without hesitation and extra care and honesty, as an unintentional error may also qualify for fraudulent intentions, irrespective of your truthfulness.

Following the Petition, you will need to file an Order to Show Cause for Change of Name form. In this form you will be asked to declare the reason why you want to change your last name. Again it is essential to disclose all facts truthfully, irrespective of the fact that such a disclosure is a bit personal in nature.

Checks and Conformations
Now a rather straining process begins, as you will have to fill out some important validation and conformation forms. Courts often ask for a Criminal Background Information Form, which discloses smallest of the small offenses such as running a traffic signal, or even late payment of taxes. In this case you will need to form an affidavit stating the truth of your record. This form is also often accompanied by a Civil Case Cover Sheet, which is a form that signifies your civil records such as details of spouse, address, your current and past residents, employees, etc.

Publication and Finalization
After all the aforementioned forms have been submitted, you will need to take up an advertisement in a said newspaper, fortnightly and weekly for a specified number of days stating your change of name. Following the publication of the advertisement, you will get a Decree Changing Name and a certified copy from the court, stating the fact that you have changed your name.

A year back a friend living in Seattle changed her name. What she experienced was that one has to submit 'a lot' of forms, documents and proofs at several variable timings. Hence make a list of all such forms and proofs, their copies and the point at which you are supposed to submit those. I hope you have the answer to the query, how to legally change your last name. Good luck.

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