views
Preparing to Change Your Name
Be aware that the legal name change is simple in cases of marriage or divorce. Changing your name in the case of marriage or divorce is possible when you obtain a marriage license or divorce decree that indicates the old and new names on the form. Nothing else is required to legally change your name, and the certified marriage license or divorce decree can be used to notify other parties and agencies of your name change. If this applies to you, you may skip to Part 3. Name changes due to marriages and divorce make up the majority of name changes in the United States. Make sure you have certified copies (i.e., NOT photocopies) of your marriage license or divorce decree. These will be needed to notify other public and private institutions of your name change.
Meet the requirements for a legal name change. Note that for an official name change to be granted by the circuit court in your county, the court must find the reason for the change satisfactory, or in 'good faith', and also consider it consistent with public interest. The most common reasons for name changes include marriage or divorce. In general, however, any lawful reason that does not violate any state laws or infringe upon the rights of anyone else typically satisfies most courts, whether that reason be for religious, personal or social reasons. There are cases in which name changes are not allowed, such as individuals with criminal records or who have cases pending against them and those who seek to avoid paying debts. More generally, name changes are not allowed for the purposes of defrauding others. Note that you need to be a resident of the county in which you seek to change your name.
Be aware of requirement differences for minors. When a minor, someone defined as under the age of 18, wants to change his name, there are additional requirements, though in general the procedure of legally changing a name is the same. Here are the following amendments to the general procedure: The petition is filed by the minor's parents or "next friend", the child's physical custodian. The name change requires the written and notarized consent of both known parents. This consent is to be filed along with the petition for name change. If the consent of each known parent is not filed, then 30 days before the hearing, a copy of the petition along with a notice stating the date of the hearing is served by registered mail to the last known address of each parent. As with adults, the change of name is conditional upon publication. See Steps 7 and 8 below. It is the petitioner's responsibility to ensure the publication of the minor's name change.
Changing Your Name Legally
Fill out the Petition for Change of Name. In Missouri, fill out a Petition for Change of Name, or Form CAFC401. This form will require you to fill out basic personal information (current name, desired name change, address, birth date, and place, etc.) as the Petitioner. You can fill out the form online or print it and fill it out by hand in clear printing. Make sure to use complete names (including middle names), and not initials. Check the spelling carefully. Anything that is misspelled can delay your name change.
Get your Petition for Change of Name verified. The Petition needs to be notarized, which means that you have to verify the information on it under oath. Most banks have notaries on staff who can verify your petition for a small fee. If you have an account at that bank, you likely won't be charged. Otherwise, the fee should be around $8-$10. This is also the time when you will formally sign your Petition for Change of Name.
Contact the circuit court clerk. You will need to submit your form to the circuit in your county, so it's important you contact the court in advance to determine the filing fees, which can vary, and any other local requirements. Locate the local circuit court in your county, where you can find the correct address as well as the contact information for the circuit clerk.
File your petition. Submit your verified Petition for Change of Name and pay a filing fee to the Chancery Court in the county in which you have been a resident. Note that filing fees may vary depending on the county. Fee information may be posted online, but you can also call ahead and obtain this information from the clerk in your county. If you cannot afford the filing fee, the Court may waive it if you file an application requesting the fee be waived. You can obtain this form from the Clerk. Typically, you will need to provide the Court with your financial information under oath and the judge will determine if you are eligible for a waiver.
Wait for a possible hearing. In most cases of name changes, if the verified Petition is filed correctly, you do not need to appear in court for a scheduled hearing. However, the clerk will inform you if a court appearance is required. If there is a hearing, you should appear as directed by the clerk at the scheduled time and place. Your Petition will be heard before the judge. In addition, any persons who object to the Petition for Change of Name name change will be heard in the case of a hearing. In cases where the name change concerns a minor, there is usually a hearing.
Wait for the judgment. Once your Petition has been reviewed and approved, the Court will issue a judgment changing the name. This is the official certificate where you can change your name at any public or private institution. You will receive a certified copy of the judgment for your own records after you complete the publication requirements (see the following two steps).
Make public notice of the name change. After your name change has been officially approved, you will need to make public notice of the change in a newspaper within 20 days of the judgment. Once a week (at minimum) for a period of three weeks, you will need to publicize your name change in a newspaper of general circulation. Publication of your name change is not optional. It is a requirement of Missouri state law. Failure to publish your name change can render the change ineffective. Publication is, however, not required if you have been the victim of domestic violence or child abuse.
Provide proof of public notice to the count clerk. Within 10 days after the last public notice, the newspaper will issue you a "Notice of Publication", which you then must submitted to the county clerk. Again, failure to fulfill the publication notice and to provide proof to the county clerk can result in the name change being inadmissible.
Obtain a certified copy of the judgment. Once all of the above requirements are met, the name change is officially recognized. You can then use the certified copy to change your name with other organizations and appropriate persons, such as your employer, the DMV, the social security office, and the like. Remember that legally changing your name is only half the battle. It's important that your name be correct wherever it is known, so do make sure to change your name with other institutions even though this can be tedious. Proceed to Part 2.
Changing Your Name at Private and Public Institutions
Make sure you have your proof of legal name change. If you're recently married or divorced and this is why you're changing your name, then your proof is a certified marriage license or divorce decree. If you have changed your name for another reason, your proof is the certified court judgment. Because you may need multiple copies, it's best to order a few certified copies as backup. Remember, photocopies are not sufficient. Having this proof of legal name change is essential. Most institutions below require this proof in order to change your name in their records.
Change the name on your social security card. Fill out the Application for a Social Security Card (Form SS-5) with your old and new information. Mail in or bring the form to your local social security office along with the following documents: 1) proof of identity (e.g., driver's license, passport, etc.); 2) proof of U.S. citizenship if applicable (U.S. birth certificate or passport); 3) proof of legal name chance (court judgment, marriage certificate or divorce decree). The Social Security Administration should send you a new social security card (but not a new number) within 10 or so business days. Fortunately, the SSA will inform the IRS of your name change, so you will not need to formally change your name with the IRS. This will be done automatically. Note that in Missouri, you do not need to change your Social Security card before you change the name on your driver's license. It is still important that you do this, though.
Change the name on your driver's license and registration. To change the name on your vehicle registration, apply for a new title under your new name. Fill in the Application for Missouri Title and License. You'll also need to bring in the original title and documentation of your legal name change. There is also a small fee for changing your title ($11). To change the name on your license, bring proof of legal name change and then apply for a driver's license with your new name. You will also have to pay a fee ($22.50-$25), take a new photograph, and sign the new license. If you have any questions or concerns, your local branch of the Department of Revenue Agency can assist you. Acceptable documents for proof of legal name change include a marriage license, divorce decree, or court judgment. If you have already changed your social security card, you can submit that as proof of legal name change as well. Note that you may also be required to provide additional documentation to your local DMV, such as date of birth, place of birth, social security card, and proof of Missouri address.
Update your passport. Fill out the appropriate form (below) and print it. You can either mail the form or take it to your local passport office. Be sure to include the appropriate fee, proof of legal name change (marriage license, divorce decree, court judgment), and two passport photos. If you have a valid passport and have had it for more than one year and it was issued when you were 16 or older, use Form DS-82 If you have a valid passport that was issued within the last year, use Form DS-5504. Use Form DS-11 if you do not currently have a valid passport if your passport has expired, if you do not have proof of legal name change, or if your passport has been lost, stolen or damaged. You must submit this form in person.
Update your voter registration. Visit the voter registration website and click "Register to vote". Note that at the top of the form, there is a box you can check that states "I have recently changed my name". A drop-down box will appear when you click this that enables you to enter your previous name. Fill out the form, print it, and mail it in. The website will give you the address where you should send the form.
Update work records and benefits. Inform your employer of your name change so that paychecks, invoices, and benefits use the new name and not the old one. It's important to have employment records and pay information in your current name so that there isn't confusion down the line. The easiest route is to inform the Human Resources department of your company.
Inform your bank. Updating your name with your bank or credit union is something that you may have to do in person. To change the name on your account and to get new cards, you will need to show your driver's license with your new name.
Continue to update secondary institutions. Once you have registered your name change with the most important public and private institutions, you should extend the net wider to other agencies and individuals. Note that in these cases, usually you can update your name via phone or email. Make sure to get in touch with: Landlord or mortgage company Professional organizations (e.g., bar association, nurses' association, labour unions) Doctors' offices Memberships (e.g., gym, clubs, AAA) Professional service providers (e.g., accountant, lawyer) Clients and colleagues Utility companies Alumni associations
Comments
0 comment