Understanding the Legal Name Change Process

In accordance with federal law, United States citizens are allowed to change their name without necessarily going through a legal process.  In fact, several federal court rulings have repeatedly stated that citizens have the right to change their names so long as they are not doing it for illegal or otherwise improper reasons. 

Although the courts have ruled that citizens have the right to change their names “at will,” it is still advisable to acquire a legal name change.  Acquiring a legal name change ensures that there is no confusion about the person’s personal history and guarantees the continuity of all records associated with the person’s history.  This may include the person’s financial records, medical records, and more.

In order to engage in a legal name change, a person must make a request to the state court.  Before a legal name change is granted, the court will ask the petitioner to confirm that he or she does not have illegal reasons for requesting the change.  Reasons that are unacceptable for making a change include…

• Evading a debt or a lien
• Defaming someone’s character
• Attempting to defraud

Typically, obtaining a legal name change is fairly simple and requires only pleading to the court and paying a fee.  Usually, the court will also ask the petitioner to explain why he or she wishes to go through with the name change.  In addition, applicants for a legal name change may be asked to announce the name change in local newspapers in order to make sure all concerned parties are properly notified. 

When making a legal name change, applicants are generally forbidden from changing their name to one that is considered to be immoral or frivolous.  For example, courts will not allow a person to change his or her name to an obscenity, a threat, or a racial slur.  Courts will also deny changing a name to one that will incite violence or that is intentionally confusing.  Similarly, most courts will not allow someone to change his or her name to a number or to be the same as a famous individual. 

For immigrants coming to the country, obtaining a legal name change is even easier.  In fact, immigrants that apply for naturalization are provided the opportunity to “Americanize” their names for free.  In these cases, the petition for the name change is prepared during the naturalization process and is then forwarded to the federal court.