Court-Ordered Name Change the Better Approach

One of the most interesting aspects of changing your name is that you can “just do it.”  It may come as a surprise but, according to the U.S. Constitution, changing your name “at will” is allowable and just as legal as a court ordered name change.  This common law or usage method of name change is accomplished simply by using your newly chosen name in all aspects of your personal, social and business life. 

Some states, however, do not recognize the common law method.  Banks may not let you use your existing account or open a new one if you suddenly have a different name.  Getting a driver’s license, passport or birth certificate, without the court’s approval and supporting documentation, is easier said than done.  If you change your name at will, there’s no legal connection between your old name and your new one—which could cause you problems later on regarding identity and other issues.  On a practical level, going by your old name one day and simply calling yourself a different name the next can be very confusing.

There are plenty of good reasons to change your name and to do so legally. If you’re adopted, for example, you may want to assume the last name of your natural parent.  Immigrants may feel more comfortable “Americanizing” their last name.  Or the opposite may be true—although your grandfather opted for Americanization, you might desire to return to your family’s original last name (all twelve consonants of it).  Couples in a same-sex relationship often feel the need to share the same last name.  For the guy undergoing sexual reorientation surgery, his changing name reflects his changing gender.  Religious converts often prefer a changed name to honor their changed religion.  Or you simply may dislike the name Rutherford and just want to be known as Bob.

Some restrictions apply when changing your name.  You can’t have a hidden agenda—no defrauding, lawsuit avoiding or debt evasion.  With all due respect to those who want to be known as Wal-Mart, you can’t use a trademarked name.  Initials, punctuation marks, numerals and one-word names, except for performers, are for the most part unacceptable (although the ACLU has objected on that front).  Adopting the name of a famous person is also discouraged, but it can be done as long as you’re able to prove you don’t intend to deceive anyone or capitalize on your name giver’s celebrity. 

Last but not least, changing your name to one that promotes or provokes violent acts or which constitutes a racial slur, a threat or an obscenity is prohibited.  In most states you can’t change your name if you’re behind bars, on probation, on parole or are a convicted sex offender.  However, even a convicted felon (other than a sex offender) who has completed terms of parole or probation may apply for a name change.  Don’t you just love this country!?