What is the Role of an Attorney when Changing Your Name?

Name changes most often occur after a divorce, but there are many other reasons for a name change. If you are considering a name change, it’s probably important to have an attorney complete the paperwork for you.

Persons residing in the United States for a certain length of time are eligible to change their name. How long an individual needs to reside before filing a name change petition depends on the state where they live. A request for a change of name will be allowed irrespective of the person’s status. Gender, race, sexual orientation and economic stability do not matter during a name change petition. The court can reject the person’s request for a name change if there is a legitimate reason such as any pending court cases and criminal charges.

An attorney handling a name change case will advise the client on how to proceed with the name change. The attorney will check the new name to see if it collides with the name of a public figure or contains any obscene words.

Persons with a past conviction record of a crime or a misdemeanor in any state of the United States cannot file a petition for a name change until after ten years have passed since the sentence was served or was pardoned. If that is the case, the attorney will send copies of everything and all correspondence filed with the court as proof for the judge to verify. This file will help the judge keep up with what is and isn’t happening in the persona’s name change case and will be important to show to another authority if there is a need to get a second opinion. If the name change is possible, the attorney must make sure all deadlines or any necessary steps are made to keep the matter moving towards completion.

Legal name change cases can be expensive to pursue, and you must show eligibility. Certain crimes make you ineligible for a name change. Crimes including, not limited to, criminal sexual exploitation, felonies, and indecent solicitation of minors or adults will make you ineligible. Registered sex offenders are not allowed a name change unless they are not required to register as per the law. It’s important to know the name change laws per state before going forward with an attempted name change.

In Conclusion

If you want to change your name, your family law attorney or divorce attorney will advise you. A petition for a name change will include publishing a notice of the change in the local newspaper. You will also have to notify authorities such as the IRS and other government bodies of the change. Also, your attorney will advise you about name change rules associated with divorce and minors. Last but not least, your lawyer should have consent from you to settle a name change case. You should also clearly understand the ramifications of a name change. Including all potential future implications of your name change. With the proper legal help, the entire process should be very simple. Filing the petition, attending the court on a specific date and paying the processing fee is the norm.